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  Suit for permanent injunction cannot be dismissed on the ground that declaration of title is not claimed if the plaint shows that plaintiff’s claim is based on his title or right asserted in the body of the plaint. Karnataka High Court.

  • 25-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. Maximum 20% that can be ordered by the Magistrate to deposit as interim compensation under Section 143-A may be also below 20%. Karnataka High Court.

  • 25-March-2024
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Even the land which is ‘capable of being used for agricultural purposes’ has to be construed as an agricultural land. Existence of houses assessed for property tax is irrelevant. Karnataka High Court.

  • 25-March-2024
  • Daksha Legal
• 

  Even in the absence of declaratory relief, Court can grant the relief of perpetual injunction with regard to the exercise of easmentary right over the property. Karnataka High Court.

  • 25-March-2024
  • Daksha Legal
• 

  MV Act. When the income declared by a person engaged in a profession or business is not stable, in order to assess the income, the average of the income of the years considered would be appropriate. Karnataka High Court.

  • 25-March-2024
  • Daksha Legal
• 

  Complainant who settles matter before the Lok Adalat can execute the settlement as a decree before a Civil Court or proceed under Section 431, Cr.P.C depending on the terms of the compromise. Karnataka High Court.

  • 23-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. Section 138 not only includes the cheques issued towards the discharge of any debt, but other liability also. Karnataka High Court.

  • 23-March-2024
  • Daksha Legal
• 

  Bombay Public Trust Act. Though alienation of immovable property by the public trust without the previous sanction of the Charity Commissioner is null and void, the challenge to such alienation shall be made within reasonable time. Karnataka High Court.

  • 22-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. Power of Courts to order interim compensation under Section 143(A) can be only in respect of the offences committed after the introduction of the Section in the statute book. Karnataka High Court.

  • 22-March-2024
  • Daksha Legal
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  Lands allotted to family members in partition cannot be included in the declarant’s account for the purpose of deciding excess land under the Karnataka Land Reforms Act. Karnataka High Court.

  • 22-March-2024
  • Daksha Legal
• 

  When the action of a public servant is not in discharge of duty as a public servant, no protection is available to such an officer under Section 353 of the IPC. Karnataka High Court.

  • 22-March-2024
  • Daksha Legal
• 

  Employer is bound to deduct agreed amount from the salary of member of co-operative society when there is agreement to this effect with prior concurrence with the employer. Karnataka High Court.

  • 22-March-2024
  • Daksha Legal