Shri. B V Acharya, Senior Advocate and former Advocate General for Karnataka Bharathiya Nagarik Suraksha Sanhita 2023 (for short hereinafter referred to as“ Sanhita” ) replaces the Code of Criminal Procedure 1973 ( for short hereinafter referred to the as Code) . There can be no dispute that both Sanhita and Code deal with the …
Continue reading “Bharathiya Nagarik Suraksha Sanhita 2023- A Critique”
Negotiable Instruments Act. Accused who breaches settlement agreement to pay cheque amount cannot later take the contention that the original complaint was defective for not making company a party. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/w0akRGWrJ8sCCfVJPfvjT1ok9
Accused who breaches settlement agreement in a cheque dishonour case cannot be allowed to go scot-free on hyper-technical grounds without adhering to the conditions of the settlement. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/T4YYqjI8wBSXzkJFfyhgDeelJ
When purchaser files a suit for recovery of the advance sale consideration instead of specific performance, the limitation commences from the date of refusal and not from the date of the agreement. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/ag7nCvCM4Ofeku5opw6MObx3a
Suit for partition without including all the joint family properties and without impleading all the co-sharers is not maintainable. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/ZWejdKatiMper23zdPJdrQFOd
Sub-Registrar cannot be prosecuted for registration of a bogus document. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/WtZgi4MO41mnL7wD9drtq9YKg
Once the plaintiff proves his possession and enjoyment of the suit property and when the defendant has chosen to contest the suit, the defendant’s interference could be inferred and the plaintiff is entitled for permanent injunction. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/VYfhK7IXoR75PodnZMXWmKhSY
Karnataka Stamp Act. When a document required to be stamped for a lesser amount before the amendment, is produced before the Court, after the amendment, the Court cannot impound and levy higher/revised stamp duty. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/pyZrihyJXKJ4OtKSxiPQb5WFk
Suit for partition dismissed for default does not bar a subsequent suit for partition. Karnataka High Court. To know more click the link below: https://www.dakshalegal.com/judgements/actionView/0F6Kl8Jdf5JsttcELBYG4DE5R
Tenant can question katha which has been made out in the name of the subsequent purchaser of the tenanted property if the entry is not in consonance with the sale deed. Karnataka High Court. To know more click the link below https://www.dakshalegal.com/judgements/actionView/rkevDaUP5qiXt8obD7bNhevqR
Daksha Legal