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  Negotiable Instruments Act. Guarantor issuing cheque towards payment of dues of principal debtor. Proceedings under Section 138 are maintainable against such guarantor. Supreme Court.

  • 12-August-2002
  • Daksha Legal
• 

  Service Law. Personal bias of the Selection Committee Chairman in favour of a particular candidate resulting in abnormal grading/marking. Karnataka High Court quashes the appointment process.

  • 19-August-2021
  • Daksha Legal
• 

  'Interim Orders and Judgements uploaded on the official website of the High Court must be acted upon by the authorities/ officers/ courts concerned if certified copy is not readily available.' Karnataka High Court.

  • 19-August-2021
  • Daksha Legal
• 

  Unlawful dispossession by Court Ameen/Officers despite stay of trial court judgment granted by the High Court. 'Section 144 C.P.C. not alternate/efficacious remedy'. Karnataka High Court orders restoration of possession.

  • 19-August-2021
  • Daksha Legal
• 

  Suit for partition. Limitation Act, Section 110. The period of limitation does NOT start where there is no specific demand for partition of share in the property and no refusal or denial by defendant. Karnataka High Court.

  • 19-August-2021
  • Daksha Legal
• 

  Employees of Body Corporate which has incorporated CCA Rules are public servants though not government employees. Lokayukta can be entrusted with disciplinary proceedings against the employees. Karnataka High Court.

  • 05-August-2021
  • Daksha Legal
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  Criminal Law. Karnataka High Court deprecates mushrooming of registration of criminal cases by handiwork of disgruntled complainants to score against innocent persons in purely civil matters. Asks Magistrates to be cautious while taking cognizance.

  • 17-August-2021
  • Daksha Legal
• 

  Criminal Procedure Code. Section 191(1)(b). Merely because complainant files protest petition and gives statement, the Magistrate ought not be swayed away by such protest petition. There must be application of mind. Karnataka High Court.

  • 17-August-2021
  • Daksha Legal
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  Service Law. Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post. State employer has an element of latitude or choice on who should enter its service. Supreme Court.

  • 25-August-2021
  • Daksha Legal
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  Criminal Procedure Code. Section 319. Power to proceed against other persons appearing to be guilty of offence. Supreme Court summarizes ambit of the powers of the Court

  • 24-August-2021
  • Daksha Legal
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  Hindu Adoptions and Maintenance Act, 1956. Adoption of a person above the age of 15 years is permissible only if there is custom or usage applicable to the parties which permits such adoption. Karnataka High Court.

  • 13-August-2021
  • Daksha Legal
• 

  Employees of education institutions can NOT approach Labour Court against termination, dismissal etc in view of Appeal provision under Section 94 of the Karnataka Education Act. Karnataka High Court.

  • 10-August-2021
  • Daksha Legal