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  Negotiable Instruments Act. A cheque cannot be considered as time barred when it was issued within the time stipulated for repayment. Supreme Court.

  • 11-September-2023
  • Daksha Legal
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  “The provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols for long”. Karnataka High Court while ordering parole to Muslim man to perform nikah of his daughter.

  • 11-September-2023
  • Daksha Legal
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  Relief of declaration in a title suit to property benefits even those who are not impleaded as plaintiffs. Karnataka High Court.

  • 09-September-2023
  • Daksha Legal
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  Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.

  • 08-September-2023
  • Daksha Legal
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  “Living person cannot be deprived of a benefit of a death certificate of a person who is dead”. Karnataka High Courts directs BBMP to issue death certificate of employee washed away in heavy rain while working in a stormwater drain.

  • 08-September-2023
  • Daksha Legal
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  Sale of electricity generated from the windmill does not attract the provisions of the Kerala Value Added Tax Act. Kerala High Court.

  • 09-September-2023
  • Daksha Legal
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  Karnataka Land Revenue Rules. Once a sale deed is registered Sub-Registrar shall forward details within thirty days to Tahsildar and Tahsildar is bound to make entries in Mutation Register. Parties need not do anything in this regard. Karnataka High Court

  • 08-September-2023
  • Daksha Legal
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  In case of notional partition, shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased. Supreme Court explains.

  • 06-September-2023
  • Daksha Legal
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  Preventive detention under the Goonda Act. Failure to furnish translated copies of the documents to the detenue renders the detention unsustainable. Karnataka High Court.

  • 06-September-2023
  • Daksha Legal
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  Counter claim is a plaint governed by the rules applicable to plaint. Defendant who makes counter claim will take the position of plaintiff and plaintiff will take the position of defendant. Burden of proof shifts accordingly. Karnataka High Court.

  • 06-September-2023
  • Daksha Legal
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  Dishonour of cheque issued towards time-barred debt/transaction cannot attract the provisions of Section 138, Negotiable Instruments Act. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal
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  Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal