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  When sole plaintiff dies and application is filed by persons claiming to be legal representatives, it is the duty of the Court to consider whether the right to sue survives. Karnataka High Court.

  • 21-July-2022
  • Daksha Legal
• 

  Owner/driver of private vehicle from which ganja was seized cannot plead absence of ''conscious possession'' since the standard of ‘conscious possession’ is different in case of private vehicle with few persons known to one another. Karnataka High Court

  • 21-July-2022
  • Daksha Legal
• 

  In a suit for partition, defendant can seek direction to plaintiff to include certain properties in the plaint schedule and seek partition of the same. Karnataka High Court.

  • 20-July-2022
  • Daksha Legal
• 

  Ailment/disability of a soldier not noted at the recruitment time but detected/diagnosed later would not automatically entitle him to disability pension on the presumption that the disability was attributable to military service. Supreme Court.

  • 20-July-2022
  • Daksha Legal
• 

  Manager of a joint Mitakshara family is under a legal obligation to maintain all male members of the family, their wives and their children, and on death of one of the male members he is bound to maintain his widow and his children.Chhattisgarh High Court

  • 20-July-2022
  • Daksha Legal
• 

  Dedication of property as religious endowment does not require an express dedication or document, and can be inferred from the circumstances, especially the uninterrupted and long possession of the property by the Temple. Supreme Court.

  • 20-July-2022
  • Daksha Legal
• 

  Imposition of costs under Section 35 CPC shall be realistic and practical based on sound judicial principles and reasonings, and in proportion to the success and failure and not in a fanciful and whimsical manner. Kerala High Court.

  • 20-July-2022
  • Daksha Legal
• 

  Stay of execution proceedings under Order 21 Rule 29 during pendency of suit does not apply when the suit if filed after initiation of the execution proceedings. Karnataka High Court.

  • 21-July-2022
  • Daksha Legal
• 

  Share application money given for allotment of shares prior to 1 April 2014 cannot be treated as “deposit” and hence penal interest cannot be levied on the Company under the Companies (Acceptance of Deposits) Rules, 2014. Delhi High Court.

  • 19-July-2022
  • Daksha Legal
• 

  If trial court declines to frame or reframe issue despite request made by a party during pendency of suit, the same can be agitated in appeal against the final judgment. Karnataka High Court.

  • 19-July-2022
  • Daksha Legal
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  In proceeding under Section 125 Cr.P.C, family Court must accept address provided in the petition supported by an affidavit. Technicality shall not defeat the purpose of the provision aimed at safeguarding wife and children. Karnataka High Court.

  • 19-July-2022
  • Daksha Legal
• 

  Setting the criminal law in motion for recovery of disputed money is not what criminal law should be used for as it would amount to misuse of criminal law as a shortcut to seek recovery of money. Karnataka High Court.

  • 18-July-2022
  • Daksha Legal