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  Compliance of Section 156(3), Cr.P.C. supported by an affidavit is mandatory for filing private complaint under Section 200 failing which the proceedings are liable to be quashed. Karnataka High Court.

  • 28-June-2023
  • Daksha Legal
• 

  When proceedings are initiated under the Karnataka SC/ST (PTCL) Act, the authorities are bound to examine whether the grant comes within the purview of the Act. Karnataka High Court.

  • 28-June-2023
  • Daksha Legal
• 

  “Spare the rod and spoil the child” has metamorphosed into “Spare the rod and teach the child”. Karnataka High Court refuses to quash proceedings against school management for abetting suicide of student.

  • 26-June-2023
  • Daksha Legal
• 

  Plaintiff not signing every page of the plaint is not a ground to reject the plaint when the verification column is duly signed by the plaintiff. Karnataka High Court.

  • 27-June-2023
  • Daksha Legal
• 

  Suit by purchaser of property during pendency of civil suit, seeking declaration that the decree passed in the suit is not binding on him, is not maintainable and the plaint is liable to be rejected. Karnataka High Court.

  • 27-June-2023
  • Daksha Legal
• 

  Criminal Law. Though due to passage of time and memory loss, witnesses deviate from their Police Statements, but when such discrepancies make the foundation of the prosecution case shaky, the Court has to take strict note thereof. Karnataka High Court.

  • 27-June-2023
  • Daksha Legal
• 

  Mere pendency of second appeal against dismissal of suit for specific performance of sale agreement between landlord and tenant is not a ground to postpone the eviction proceedings. Karnataka High Court.

  • 27-June-2023
  • Daksha Legal
• 

  Insecticide Act. Non impleading the company who manufactured the pesticides vitiates criminal prosecution. Karnataka High Court.

  • 26-June-2023
  • Daksha Legal
• 

  Complaint under Section 138 NI Act cannot be dismissed for default for a single non-appearance of the complainant especially when the accused failed to deposit the interim amount. Karnataka High Court.

  • 26-June-2023
  • Daksha Legal
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  Criminal Law (Amendment) Acts and Ordinances, 1944. Order of interim attachment of property can be passed only after issuance of notice of the application. Karnataka High Court.

  • 26-June-2023
  • Daksha Legal
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  Offence under Section 78 (3) of the Karnataka Police Act is non-cognizable. Police officer cannot investigate the offence without obtaining orders from the Magistrate. Karnataka High Court.

  • 24-June-2023
  • Daksha Legal
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  Cr.P.C. There must be an order of attachment issued by the Magistrate under Section 83. The issuance of a proclamation under Section 82 by itself will not amount to any attachment. Kerala High Court.

  • 24-June-2023
  • Daksha Legal