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  Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.

  • 22-February-2023
  • Daksha Legal
• 

  Refusal to pay Grant-in-Aid to educational institution on the Principal having reached to the age of superannuation does not amount to violation of Article 30(1) of the Constitution. Supreme Court.

  • 23-February-2023
  • Daksha Legal
• 

  DNA paternity test. No adverse inference can be raised against mother on her declining to subject her child to a paternity test. Supreme Court.

  • 24-February-2023
  • Daksha Legal
• 

  ‘Mankind owes to the child the best it has to give’. An innocent child cannot be traumatised and subjected to extreme stress and tension in order to discover its paternity through DNA tests. Supreme Court.

  • 25-February-2023
  • Daksha Legal
• 

  A child should not be lost in its search for paternity. Children have the right to privacy not to have their legitimacy questioned frivolously before a Court of Law. Supreme Court.

  • 23-February-2023
  • Daksha Legal
• 

  Cheque bounce cases. While considering application for grant of interim compensation, conduct of the accused is relevant. Karnataka High Court.

  • 22-February-2023
  • Daksha Legal
• 

  In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.

  • 21-February-2023
  • Daksha Legal
• 

  Criminal trial. In appropriate cases, the Court shall suo moto summon the document which is in possession of any of the parties under Section 91 of Cr.P.C. Karnataka High Court.

  • 22-February-2023
  • Daksha Legal
• 

  DNA tests are not exploratory or investigatory experiments for determining paternity. Order directing that a minor child be subjected to DNA test should not be passed mechanically in each and every case. Supreme Court.

  • 22-February-2023
  • Daksha Legal
• 

  Cr.P.C. Section 125. Delay. Deserted wife bearing patiently for a few years, hoping that her husband would take her back, would not by itself disentitle her from claiming maintenance. Karnataka High Court.

  • 21-February-2023
  • Daksha Legal
• 

  Negotiable Instruments Act. Dishonour of cheque issued by outgoing/retired partner does NOT bind the partnership firm or other partners. Karnataka High Court.

  • 20-February-2023
  • Daksha Legal
• 

  Once a person is adopted, he cannot not have a right in the coparcenary property of the family of his natural birth. Bombay High Court.

  • 21-February-2023
  • Daksha Legal