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  A party seeking to lead evidence through a general or special power of attorney need not make a separate application seeking permission to lead such evidence in the matter. Karnataka High Court.

  • 21-June-2023
  • Daksha Legal
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  ‘’Stop passing callous orders while granting permission under Section 155, Cr.P.C’’. Karnataka High Court laments at careless orders of the Magistrates generating huge litigation before the High Court.

  • 21-June-2023
  • Daksha Legal
• 

  Karnataka Private Educational Institutions (Discipline and Control) Rules 1978 continue to be in force even after coming into force of the Karnataka Education Act, 1983 and govern the disciplinary proceedings initiated. Karnataka High Court.

  • 21-June-2023
  • Daksha Legal
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  Proportionality of sentence against delinquent employee is also based on the duty performed. If the delinquent holds responsible post and if he has breached the trust and acted with dishonesty, he must be dealt with iron hands. Karnataka High Court.

  • 20-June-2023
  • Daksha Legal
• 

  When the rent and the leased area are within the prescribed limit under the Rent Act, the Court must reject the plaint for ejection filed under the Transfer of Property Act. Karnataka High Court.

  • 20-June-2023
  • Daksha Legal
• 

  To constitute the offence of abetment to commit suicide, the instigation should be of the kind that it drives a person to commit suicide. Instigation should be proximate to the occurrence of death. Karnataka High Court.

  • 20-June-2023
  • Daksha Legal
• 

  UAP Act. Informal body of individuals ‘concerned’ with the terrorist act, though not actually involved in terrorist act, is also covered under the definition of ‘terrorist gang’. Karnataka High Court.

  • 20-June-2023
  • Daksha Legal
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  Pardon under Section 306 Cr.P.C. If pardon leads to successful prosecution of the other offenders whose conviction is not easy without the approver’s testimony, the Court should accept it. Karnataka High Court.

  • 19-June-2023
  • Daksha Legal
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  'Unless the offences are found prima facie, criminal proceedings in matrimonial cases should not be permitted to continue'. Karnataka High Court quashes proceedings against husband who refused to consummate marriage following Bramhakumari preaching.

  • 21-June-2023
  • Daksha Legal
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  Counter claim need not be within the pecuniary jurisdiction of a Court. When counter claim exceeds pecuniary jurisdiction, the Court shall return the plaint under Order 7 Rule 10 CPC to be presented before the proper Court. Karnataka High Court.

  • 19-June-2023
  • Daksha Legal
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  Pendency of criminal/judicial proceedings against a retired employee is not a ground to withhold pension when there are no allegations of pecuniary loss to the employer. Karnataka High Court.

  • 20-June-2023
  • Daksha Legal
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  Transfer of license for distribution of essential commodities is governed by the Control Order prevalent at the time of grant of license. Restrictions imposed in the subsequent Order cannot be applied. Karnataka High Court.

  • 19-June-2023
  • Daksha Legal