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  Negotiable Instruments Act. Time barred debt cannot be revived by mere issuance of a cheque. Issuance of cheque in such cases is not an acknowledgment of debt. Karnataka High Court.

  • 09-January-2023
  • Daksha Legal
• 

  Motor Vehicles Act. Under ‘Act Policy or Statutory Policy’ occupants of the vehicle cannot be considered as third parties. Insurance company is liable for the occupants only if the policy is comprehensive. Karnataka High Court.

  • 10-January-2023
  • Daksha Legal
• 

  Driver of heavy motor vehicle dying of heart attack at the end of day’s work. It is an ‘accident’ and a ‘personal injury’ ‘arising out of and during the course of employment’. Karnataka High Court.

  • 23-December-2020
  • Daksha Legal
• 

  Anti-Suit Injunction. Case laws on the point.

  • 28-December-2020
  • Daksha Legal
• 

  Slayer Rule. A murderer cannot inherit property of the victim even where the provisions of Hindu Succession Act do not apply. Karnataka High Court.

  • 17-March-2017
  • Daksha Legal
• 

  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