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  Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.

  • 25-July-2023
  • Daksha Legal
• 

  Karnataka Rent Act, 1999. Second revision petition under Section 115 of CPC is maintainable as against the revisional order passed by the District Court under Section 46. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Second wife cannot initiate criminal proceedings against the husband for the offence under Section 498-A of IPC. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Criminal law. To impose the extreme punishment, all the three tests; Crime test, Criminal test and Rarest rare test must be satisfied. Karnataka High Court converts imprisonment till last breath of life to life imprisonment.

  • 24-July-2023
  • Daksha Legal
• 

  Karnataka Public Premises (Eviction of unauthorized occupants) Act is not a bar for the public authority to file for eviction against a dismissed employee seeking possession of the service quarters. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Suit regarding public trust. It is not necessary that the plaint with documents shall be filed only after the leave is granted. The Court can form an opinion to grant leave on going through the pleadings. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Offences under the Wildlife Protection Act. Court can take cognizance only on the complaint filed by the authorized officer and not on the charge sheet submitted by the jurisdictional police. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal
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  Sub-tenant claiming under tenant is not entitled to notice under Section 106 of the Transfer of Property Act. Termination of the tenancy would, as a matter of course, affect the sub-lease as well. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal
• 

  Right of the defendant to file a separate suit for partition in respect of properties not included in the plaint is not barred merely because he did not make counter claim in respect of the omitted property. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal
• 

  Freedom fighters’ pension. The proof required must be as provided in the pension scheme itself. As long as such proof was not available, the benefit cannot be granted. Karnataka High Court, while following the Supreme Court Judgment.

  • 22-July-2023
  • Daksha Legal
• 

  Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court.

  • 21-July-2023
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. Period of 30 months for Adhyaksha/Upadhyakshah has to be calculated from the date of result of the election. The delay in holding the first meeting would not add any period to their term. Karnataka High Court.

  • 21-July-2023
  • Daksha Legal