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Karnataka High Court Quashes Preventive Detention Order Under Karnataka Act for Twelve Months in First Instance. Detention Order Held Illegal as Contravening Proviso to Section 3(2) and Supreme Court Precedent in Cherukuri Mani; Detenu Ordered Released.

The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activit...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Bombay High Court Allows Appeal by Defendant in Attachment Before Judgment Case — Failure to Prove Intent to Defeat Decree. Order 38 Rule 5 CPC Requires Clear Evidence of Intent to Obstruct Execution, Not Mere Threat to Sell Property.

The appeal was filed by the original defendant, Mrs. Leela Sudhir Alekar, against an order dated 3 February 2000 passed by the trial court allowing th...

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High Court of Karnataka Hears Batch of Writ Petitions Challenging Late Filing Fee Under Section 234E of Income Tax Act. Petitioners Seek Declaration that Section 234E is Unconstitutional and Violative of Articles 14, 265, and 277.

This batch of writ petitions was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging the cons...