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  “Writ Petition seeking revision of voters list cannot be maintained except by the persons aggrieved.” Karnataka High Court, while dismissing the petition filed by MLA seeking rectification of voters list of his constituency.

  • 22-April-2023
  • Daksha Legal
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  Dowry death. “Soon before her death” wife was subjected to cruelty and harassment “in connection with the demand for dowry” must be established to attract the provision of Section 304-B, IPC. Supreme Court reiterates.

  • 25-April-2023
  • Daksha Legal
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  Cause of action in a partition suit is a recurring action. Dismissal of earlier suit for non-prosecution will not be a bar for filing a second suit for partition. Karnataka High Court.

  • 21-April-2023
  • Daksha Legal
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  Registering FIR for non-cognizable offences without taking permission from the Magistrate and filing charge sheet without obtaining sanction is not sustainable under the law. Karnataka High Court.

  • 21-April-2023
  • Daksha Legal
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  Intra-departmental communications are not Government orders and cannot have any applicability or operation over and above the statutory provisions or the executive Government Orders validly issued on the subject. Kerala High Court.

  • 21-April-2023
  • Daksha Legal
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  NDPS Act. Seizure of commercial quantity. Court can grant bail only after satisfying two conditions i.e. there are ‘reasonable grounds’ to believe that the accused is not guilty of the offence and he will not commit any offence while on bail. Kerala HC.

  • 21-April-2023
  • Daksha Legal
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  If the plaintiff who has secured an exparte order of temporary injunction fails to comply with the requirement of Order 39 Rule 3 (a) & (b) CPC, the court is bound to vacate the injunction order. Karnataka High Court.

  • 21-April-2023
  • Daksha Legal
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  Karnataka Police Act. Failure to provide reasonable opportunity to the person sought to be removed from the local limits of his jurisdiction renders the order illegal. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  “Tail wagging the Dog”. Amendment to Rule 9 of the Births and Deaths Rules taking away power of the Magistrate and placing it at the mercy of the Assistant Commissioner is ultravires the parent Act. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Karnataka Urban Development Authorities Act. Failure to implement the scheme substantially within five years and shifting of the scheme to other land results in lapsing of the acquisition proceedings. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Tax Law. Mens rea is not an essential ingredient for contravention of the provisions of a civil Act. Intention of the parties committing such violation becomes immaterial. Supreme Court.

  • 20-April-2023
  • Daksha Legal