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  Petition for anticipatory bail is NOT maintainable once accused appears through his Advocate and gets exemption from appearance. He can seek only regular bail. Karnataka High Court.

  • 21-March-2023
  • Daksha Legal
• 

  Property allotted to a female in family partition between herself and her father is her absolute property and does not revert to heirs of her father under Section 15 (2) of the Hindu Succession Act. Karnataka High Court.

  • 21-March-2023
  • Daksha Legal
• 

  Wills. Attesting witness is not just a ritualistic signer of a document. He is a key player in putting the plan of action of the testator into reality after the death of testator. Karnataka High Court.

  • 21-March-2023
  • Daksha Legal
• 

  Sections 407 & 408 Cr.P.C. Case and counter case have to be tried together by the same court irrespective of the nature of offences involved to avoid conflicting judgments over the same incident. Karnataka High Court.

  • 21-March-2023
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Writ petition challenging interlocutory order of the Arbitrator is not maintainable. The Act defers the remedy till the stage of section 34. Karnataka High Court.

  • 21-March-2023
  • Daksha Legal
• 

  Land acquisition. For a deemed lapse under Section 24(2) of the Act, 2013, there shall be a lapse on the part of the Acquiring Body/beneficiary in not taking the possession and not paying the compensation. Supreme Court.

  • 21-March-2023
  • Daksha Legal
• 

  ‘Doctrine of Substituted Security’ entitles mortgagee to anything that is substituted for the mortgaged property. Bank can claim compensation amount if the mortgaged property is acquired. Karnataka High Court.

  • 20-March-2023
  • Daksha Legal
• 

  ‘Any other sufficient reason’ in Order XLVII Rule 1 CPC. Overruling of Pune Municipal Corporation in Indore Development Authority is not a ground to review and recall the decision in PMC and all other decisions following it. Dissenting view of Justice BVN

  • 19-March-2023
  • Daksha Legal
• 

  Foreign citizen pretending to be Indian citizen to avail educational benefits is reprehensible. Karnataka High Court orders issuance of exit permit subject to payment fee payable by NRI for the entire course.

  • 18-March-2023
  • Daksha Legal
• 

  Negotiable Instruments Act. When accused is convicted and in appeal deposits 20% of the cheque amount as per the Court direction, the complainant is entitled for release of the amount in his favour. Karnataka High Court.

  • 20-March-2023
  • Daksha Legal
• 

  Application under Order 41 Rule 27 CPC can be considered only at the time of hearing of appeal on merits so as to find out whether the additional evidence has any relevance/bearing on the issues involved. Karnataka High Court.

  • 20-March-2023
  • Daksha Legal
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  Amended Section 6 of the Hindu Succession Act applies even to woman who died before 2005. Legal representatives are entitled for share in the ancestral property. Karnataka High Court.

  • 17-March-2023
  • Daksha Legal