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Judgements
Karnataka Gram Swaraj and Panchayat Raj Act. Provisions of CPC and the Indian Evidence Act do not strictly apply to the Election Petition proceedings under the Act. Karnataka High Court.
29-September-2023
Daksha Legal
Except on sufficient grounds, Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments and when the witness was not named in the list of witnesses and affidavit was not filed. Karnataka High Court.
29-September-2023
Daksha Legal
Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.
28-September-2023
Daksha Legal
SARFAESI Act. In view of the amended provision of Section 13(8), the right of redemption of mortgage stands extinguished upon publication of the auction notice. Supreme Court.
28-September-2023
Daksha Legal
Writ of Prohibition cannot be issued in anticipation on par with the criminal courts granting anticipatory bail in the absence of infringement of right or at least a well-founded apprehension of infringement. Karnataka High Court.
27-September-2023
Daksha Legal
Income Tax Act. Sufficiency to grant immunity from prosecution and penalty under Section 245H are beyond the scope of judicial review unless it contravenes provisions of the Act or has caused prejudice to the opposite party. Supreme Court.
27-September-2023
Daksha Legal
General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.
27-September-2023
Daksha Legal
Alternate appellate remedy. If exercise of jurisdiction by a Tribunal ex-facie appears to be an exercise of jurisdiction in futility, it will be permissible for the High Court to interfere in exercise of its writ jurisdiction. Karnataka High Court.
27-September-2023
Daksha Legal
Advocates must practice Seven Lamps of Advocacy. Making false allegations against the Presiding Officer cannot be countenanced for transfer of case under Section 407 of Cr.P.C. Karnataka High Court.
27-September-2023
Daksha Legal
Abetment to commit suicide. Offending action ought to be proximate to the time of occurrence to constitute the offence under Section 306 IPC. Karnataka High Court.
26-September-2023
Daksha Legal
Lender repeatedly demanding return of the borrowed loan from the borrower and uttering abusive words will not constitute abetment to commit suicide. Karnataka High Court.
26-September-2023
Daksha Legal
Power of the authorities under FERA Act 1947 to investigate and enforce liability and penalty incurred under the Act is not affected after the repeal of the Act. Supreme Court.
26-September-2023
Daksha Legal
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