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  Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.

  • 21-July-2023
  • Daksha Legal
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  Judgment of the foreign Court is not executable in India if the same is not on merits. Even when the defendant is placed exparte, the judgment ought to be the one based on evidence led by the plaintiff. Karnataka High Court.

  • 20-July-2023
  • Daksha Legal
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  Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Grant of temporary injunction in suit based on defamation. Issue regarding territorial jurisdiction goes to the root of the matter and the Court must consider this issue before considering other aspects. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Sale cannot be set aside under Order XXI Rule 90 CPC unless there is material irregularity which has resulted substantial injury to the judgment-debtor. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Workmen’s Compensation Act. Total disablement under Section 2 (1) (I) is the ‘functional disability’ and not just the ‘physical disability’ which is the determining factor in assessing whether the claimant has incurred total disablement. Supreme Court.

  • 19-July-2023
  • Daksha Legal
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  Adoption of child precedes proper ceremonies being performed. Mere adoption deed without proof of required ceremonies does not prove adoption. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal
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  Reservation of posts in excess of 50% to SC and ST category under the Karnataka Gram Swaraj and Panchayat Raj Act is not ultravires the Act. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal
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  Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal
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  Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal
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  Gravity of the offence is not a relevant consideration to decline bail to juvenile. Known criminality, expose made to any morale, physical or psychological danger and ends of justice being defeated are the relevant factors. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal