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  A banker who answers description of State under Article 12 of the Constitution cannot act like a private lender. Abrupt stoppage of release of sanctioned loan is justiciable under Article 226 of the Constitution of India. Karnataka High Court.

  • 07-August-2023
  • Daksha Legal
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  When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.

  • 07-August-2023
  • Daksha Legal
• 

  Order under Section 143A of the N. I Act is not interlocutory but intermediate. Revision before the Sessions Court under Section 397 of the Cr.P.C. is maintainable. Karnataka High Court.

  • 05-August-2023
  • Daksha Legal
• 

  Section 227 Cr.P.C. Application seeking discharge in the midst of trial is not maintainable especially when the earlier application was withdrawn. Supreme Court.

  • 05-August-2023
  • Daksha Legal
• 

  Probate or letters of administration in respect of a Will made outside Bengal, Madras and Bombay need not be obtained. Authorities cannot insist on probate of Will to recognise right over immovable property. Karnataka High Court.

  • 04-August-2023
  • Daksha Legal
• 

  Anti-Corruption Law & Service Rules. Borrowing authority can entrust an enquiry to the Lokayukta without obtaining prior permission/ approval of the lending authority. Karnataka High Court.

  • 04-August-2023
  • Daksha Legal
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  Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.

  • 04-August-2023
  • Daksha Legal
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  Cheque issued by vendor to purchaser of property as security towards pending litigation on the property is not ‘legally enforceable debt’. Karnataka High Court.

  • 04-August-2023
  • Daksha Legal
• 

  Second marriage by Muslim woman without divorcing the first husband is 'Batil' and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal
• 

  Release of seized vehicle under Section 457 of Cr.P.C. Deposit/security amount for release of the vehicle to the interim custody cannot be randomly fixed without any basis. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal
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  ''False cases filed under SC/ST (Prevention of Atrocities) Act clog the criminal justice system and consume considerable time of the Courts at all levels''. Karnataka High Court while quashing frivolous case arising out of civil dispute.

  • 04-August-2023
  • Daksha Legal
• 

  Bar of Civil Court jurisdiction in a statute. Before considering the application for temporary injunction, the court must first consider the issue regarding jurisdiction. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal