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  SARFAESI Act. When there are multiple appeals, pre-deposit under Section 18 in one of the appeals enures to the benefit of other, provided that debt is the same. Karnataka High Court.

  • 01-February-2025
  • Daksha Legal
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  Where father dies prior to coming into force of Hindu Succession Act, 1956, daughter cannot claim any right in the property of her father. Only widow can claim such right under the Hindu Women's Right to Property Act, 1937. Karnataka High Court.

  • 31-January-2025
  • Daksha Legal
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  Does a daughter ‘born after the amendment to Section 6 of the Hindu Succession Act, 1956’, inherit a share by birth in the coparcenary property that was allotted to her father's share in the partition that took place before the amendment? Karnataka High Court points out the anomaly.

  • 31-January-2025
  • Daksha Legal
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  An email from the provider invoking the bank guarantee shall be deemed to be a written invocation as contemplated under the terms of the guarantee. Upon such invocation, the Bank is obligated to make payment of the guaranteed amount. Karnataka High Court.

  • 31-January-2025
  • Daksha Legal
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  ''Even if disobedience of a court order is undisputed, the court may consider a defence of impossibility to comply and refrain from initiating contempt proceedings if enforcement is deemed impossible''. Karnataka High Court accepts substantial compliance regarding restoration of forest lands in the revenue records.

  • 31-January-2025
  • Daksha Legal
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  When the sale of granted land by SC/ST person is cancelled, without taking actual possession from the transferee as per the PTCL Rules, permission to alienate the land cannot be granted. Karnataka High Court.

  • 31-January-2025
  • Daksha Legal
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  If two laws govern the same factual situation, a law governing a specific subject matter overrides a law governing general matters. Commercial Courts lack jurisdiction over matters that fall exclusively under the Admiralty Act 2017. Karnataka High Court.

  • 30-January-2025
  • Daksha Legal
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  Temporary injunction. Appeal against exercise of discretion is an appeal on principle. The appellate Court cannot reassess the material and seek to reach a conclusion different from the one reached by the trial court, if the trial court's order is reasonably supported by the evidence on record. Karnataka High Court.

  • 30-January-2025
  • Daksha Legal
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  Hindu Law. When a property is acquired by a female member, the principle of blending or treating the same as the joint family property is impermissible. The property remains the absolute property of the female. Karnataka High Court.

  • 30-January-2025
  • Daksha Legal
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  Karnataka Value Added Tax Act. Concessional benefits can be availed only if the goods bought by the assessee are included in its certificate of registration and the purchases meet the test of ‘integral connection’ to the ultimate production of goods. Karnataka High Court.

  • 30-January-2025
  • Daksha Legal
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  Legitimate expectation. An order which has the effect of reversing a pay hike has the consequence of upsetting financial planning of employee visiting civil consequences which cannot be resorted to without affording an opportunity of hearing. Karnataka High Court.

  • 30-January-2025
  • Daksha Legal
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  Accused in prosecutions under Section 138 of the Negotiable Instruments Act should not be treated similarly to those convicted under other penal statutes. If the accused pays the entire cheque amount and fine, courts have the discretion to reduce or set aside the imprisonment sentence. Karnataka High Court.

  • 29-January-2025
  • Daksha Legal