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Judgements
Parliamentary/legislative privileges under Articles 194(2) and 194(3) of the Constitution cannot be claimed in respect of acts punishable under criminal laws. Karnataka High Court.
04-June-2025
Daksha Legal
Partition. Merely establishing sufficient income from HUF properties, plaintiff cannot seek to lay claim property on the basis of general presumption without specific evidence that it was purchased with HUF funds. Karnataka High Court.
29-May-2025
Daksha Legal
Non-compliance with procedural safeguards during arrest may constitute an irregularity, but it does not automatically entitle the accused to bail. Karnataka High Court.
29-May-2025
Daksha Legal
Arbitration proceedings initiated under Section 64 of the Chit Funds Act are statutory in nature and distinct from private arbitrations under the Arbitration and Conciliation Act. Surety to a subscriber is bound by the arbitration proceedings. Karnataka High Court.
29-May-2025
Daksha Legal
Payment of advance under agreement to sell creates statutory charge upon the property. Limitation to recover the advance amount is twelve years as per Article 62 of the Limitation Act running from the date when the money sued for becomes due. Karnataka High Court.
29-May-2025
Daksha Legal
Initiation of proceedings under Section 138 of the Negotiable Instruments Act do not bar initiation of proceedings for the offense of cheating. Karnataka High Court.
28-May-2025
Daksha Legal
A rival operator does not have the locus standi to challenge the grant of a 'No Objection Certificate' for setting up a competing petroleum unit solely on the grounds of business competition/ business loss. Karnataka High Court.
28-May-2025
Daksha Legal
Karnataka Land Revenue Act & Karnataka Forest Act. Trees standing on the land as on the date of grant regularising the unauthorised occupation is the property of the government. Karnataka High Court.
27-May-2025
Daksha Legal
Karnataka Land Revenue Act. Mere proposal for acquisition of land by Government cannot be a ground to reject conversion of the land. Karnataka High Court.
28-May-2025
Daksha Legal
Limitation Act. When calculating the delay in filing an appeal, the time spent prosecuting a Civil Revision Petition that was dismissed on jurisdictional grounds must be excluded, as per Section 14. Karnataka High Court.
27-May-2025
Daksha Legal
Objections regarding pecuniary jurisdiction of trial court can be raised in an appeal against an interlocutory order when the suit is still pending. Bar under Section 21 of CPC applies only to appeals against final judgment and decree. Karnataka High Court.
27-May-2025
Daksha Legal
‘’Privilege of legislative speech must be woven with the fibers of responsibility and ethical conduct. The legislature is not a sanctuary for defamation or gendered invective, rather an institution where robust debate must be tempered with decorum and respect.’’ Karnataka High Court.
29-May-2025
Daksha Legal
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