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  Specific Performance. In case of immovable property time is not the essence of the contract. However Court can infer essence of time in certain cases. Supreme Court.- Constitution Bench.

  • 25-December-2020
  • Daksha Legal
• 

  Marriages registered under the Registration of Hindu Marriages Act 1955 even after coming into to force of the Karnataka Marriages -Registration and Miscellaneous Provisions- Act 1976 are valid. No implied repeal of 1955 Act. Karnataka High Court.

  • 23-December-2022
  • Daksha Legal
• 

  Law of precedent. Observations made by the court must be read in context in which they appear to have been stated. The judgments of the courts are not to be construed as statutes. Karnataka High Court

  • 16-December-2020
  • Daksha Legal
• 

  Tax laws. Interpretation. There is no equity about tax. No presumption as to tax. Nothing to be read in. Nothing to be implied except the actual language used. Karnataka High Court.

  • 16-December-2020
  • Daksha Legal
• 

  Cr.P.C. Appeal by victim under Section 372 will not abate if victim dies during the appeal proceedings. Karnataka High Court.

  • 30-November-2020
  • Daksha Legal
• 

  Negotiable Instruments Act. Section 138. Even a blank cheque leaf voluntarily signed and handed over by the accused towards some payment would attract the Section unless contrary is proved. Supreme Court.

  • 27-January-2023
  • Daksha Legal
• 

  Maintenance. A man must overcome all hurdles in order to maintain his family. Time to develop multi-tasking skills to earn during pandemic. Karnataka High Court

  • 20-November-2020
  • Daksha Legal
• 

  Maintenance. Son’s personal obligation to maintain his aged parents is not dependent on his possession of property but arises out of the mere relationship. Karnataka High Court.

  • 17-December-2020
  • Daksha Legal
• 

  Cr.P.C. Section 125. Factors like unemployment or meagre income cannot be an excuse for a father who is under a personal obligation to maintain his minor child.

  • 17-November-2020
  • Daksha Legal
• 

  State Commission for Scheduled Castes and Scheduled Tribes has no dispute resolution powers. The Commission is neither a Tribunal nor a Judicial forum. Karnataka High Court.

  • 23-November-2020
  • Daksha Legal
• 

  Bail is not a licence to commit repeated crimes. Crimes perpetrated against society must be viewed differently. Karnataka High Court.

  • 30-November-2020
  • Daksha Legal
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  Criminal case against Chief Minister Mr. B.S.Yedyurappa. Karnataka High Court deprecates laxity on the part of Lokayukta Police in conducting investigation. Petition to quash criminal proceedings dismissed.

  • 22-December-2020
  • Daksha Legal