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  Presumption in favour of the constitutionality of legislation extends even to the subordinate legislation unless there is a clear violation of the parent statute or the rule-making authority has acted beyond its powers. Karnataka High Court.

  • 16-October-2024
  • Daksha Legal
• 

  In the absence of statutory mandate for issuance of final notification within the particular time, delay in issuing the final notification cannot be a ground to quash the acquisition proceeding or to declare that the acquisition has been abandoned. Karnataka High Court.

  • 15-October-2024
  • Daksha Legal
• 

  ‘’Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord.’’ Karnataka High Court quashes criminal proceedings initiated under Section 153 IPC for shouting pro-India slogans and taking the name of PM Narendra Modi.

  • 16-October-2024
  • Daksha Legal
• 

  Want of money lending license cannot be pleaded in proceedings under NI Act when issuance of cheque is admitted. Karnataka High Court.

  • 02-August-2024
  • Daksha Legal
• 

  When an officer is entrusted with the duty to decide the issue, detailed order and not an official memorandum is required to be passed. Karnataka High Court.

  • 01-August-2024
  • Daksha Legal
• 

  An order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the Act. Karnataka High Court.

  • 21-July-2024
  • Daksha Legal
• 

  Fraudulent transfer of Company shares. Company/officers of the company cannot plead lack of vicarious criminal liability at the investigation stage. Karnataka High Court.

  • 22-July-2024
  • Daksha Legal
• 

  Suit for partition dismissed for default does not bar a subsequent suit for partition since the right to enforce a partition is a continuous right. Karnataka High Court.

  • 21-July-2024
  • Daksha Legal
• 

  Suit for ejection. Once the defendants admit landlord-tenant relationship vis-à-vis the plaintiff, they cannot question title of the plaintiff over the tenanted property. Karnataka High Court.

  • 21-July-2024
  • Daksha Legal
• 

  Land acquisition. Value of casurina trees, eucalyptus tree and firewood trees cannot be excluded while determining the compensation payable for the land. Karnataka High Court.

  • 21-July-2024
  • Daksha Legal
• 

  When once the tenanted land is vested with the State Government under the Karnataka Land Reforms Act, the same cannot be subsequently declared as Wakf property. Karnataka High Court.

  • 22-July-2024
  • Daksha Legal
• 

  ’Withholding of evidence in defence would undoubtedly defeat the voyage towards discovery of truth in a criminal trial.’’. Karnataka High Court permits playing video footage in criminal trial as ‘previous statement’ on the day of the crime.

  • 21-July-2024
  • Daksha Legal