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Transfer of Property Act. Acceptance of gift can be proved & inferred by implied conduct of the donee and the revenue entries.

Daulat Singh by lrs. vs The State of Rajastan and others. Civil Appeal 5650/2010 decided on 8 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2009/20316/20316_2009_32_1501_25002_Judgement_08-Dec-2020.pdf Relevant paras. 24. At the outset, it ought to be noted that Section 122 of the Transfer of Property Act, 1882 neither defines acceptance, nor does it prescribe any particular mode for accepting …

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Negotiable Instruments Act. Section 143A is applicable only to offences committed after its insertion. Section is not retrospective. Karnataka High Court.

Sarojamma vs R.Venkataramanaswamy. Criminal Petition 4338/2020 decided on 7 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351592/1/CRLP4338-20-07-12-2020.pdf Relevant Paragraphs: 6. The only question which arises for consideration of this Court in this petition is: “Whether the insertion of Section 143A of the N.I. Act is having a prospective effect or can also be given retrospective effect?” 7. It …

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Law of mortgages with special reference to Banking Law

Mr. S.P. Shankar, Senior Advocate, Bangalore PDF File Law of mortgages with special reference to Banking LawBanking institutions, in India, are primarily supporting every commercialtransaction in aid of development of commercial enterprise. Howsoever wellpossessed a man is, he would not convert his assets into liquid cash, forpurposes of investment in trade/commerce. He necessarily starts suchenterprises …

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Anticipatory bail does not takeaway power of investigating officer to fully investigate. It prevents ignominy, humiliation and disgrace attached to the arrest. Karnataka High Court

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351465/1/CRLP101414-20-30-11-2020.pdf Relevant paragraphs: 9.…The petitioner has a reasonable apprehension of his arrest by the respondent-police. The petitioner is presently working as Police Inspector in the Police Commissionerate, Hubballi-Dharwad. There are no previous complaints or remarks against him. Petitioner has undertaken to abide by the conditions which may be imposed by this Court. As …

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Whether a tenant can claim adverse possession against his landlord? Case laws on the point.

Abhiram Goswami v. Shyama Charan Nandi, 1909 SCC OnLine PC 16 : (1908-09) 36 IA 148 : (1909) 6 All LJ 857 : (1909) 19 Mad LJ 530 : (1909-10) 14 CWN 1 – Besides, Anangamohini and her successors had paid rent under their lease up to 1902, and if the lease was void as …

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Education. Court cannot examine question paper and answers except directing revaluation if rules permit. Supreme Court.

Vikesh Kumar Gupta & Anr. vs The State of Rajasthan & Ors. Civil Appeal Nos.3649–3650 of 2020 decided on 7 December 2020. Justice L. NAGESWARA RAO, Justice HEMANT GUPTA, Justice AJAY RASTOGI. Judgment Link: https://main.sci.gov.in/supremecourt/2019/28550/28550_2019_35_1501_24973_Judgement_07-Dec-2020.pdf HELD: 11. Though re-evaluation can be directed if rulespermit, this Court has deprecated the practice of reevaluation and scrutiny of …

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Writ Petition filed challenging establishment of Karnataka Veerashaiva Lingayat Development Board

Writ Petition filed online today challenges establishment of Karnataka Veerashaiva Lingayat Development Board. The contention of the petitioner is that establishment of the Board is unconstitutional apart from destroying the very foundation of the secular philosophy profounded by 12th century social reformist Basava. The Government Order isolates one of the outstanding secular philosophy founded by …

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Negotiable Instruments Act. Share brokerage is based on contract of agency. When cheque is issued, liability of owner of shares to pay commission cannot be denied on the ground of losses suffered. Karnataka High Court.

M/s. Networth Stock Broking Limited vs Shanthala. Criminal Appeal 335/2017 decided on 23 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351239/1/CRLA335-17-23-11-2020.pdf Relevant paragraphs: 8. Complainant claims that it was liasioning between the accused and share broker. Further the transaction according to complainant and accused is not the first one which is one among umpteen number of transactions entered …

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Accused, after obtaining bail absconds and proclaimed by Court as ‘absconding accused’. He is not entitled for anticipatory bail. Karnataka High Court.

Criminal Procedure Code. Section 438 Chandru vs State of Karnataka. Criminal Petition 6734/2020 decided on 4 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351161/1/CRLP6734-20-04-12-2020.pdf Relevant paragraphs: 4. Admittedly, at the initial stage, this petitioner was granted bail in the present case subject to conditions. It is also admitted that the petitioner has not appeared before the trial Court …

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