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  The State Government cannot unilaterally transfer staff in aided institutions without consultation. Section 133 of the Karnataka Education Act does not override this requirement. Withholding salaries to enforce compliance violates Article 23 of the Constitution and constitutes forced labor. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Trial court has the discretion under Order XXVI Rule 9 CPC to appoint a Court Commissioner suo moto if it deems local investigation necessary for better appreciation of evidence. Such an appointment, even after reserving judgment, is not illegal and does not amount to reopening the case. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  MMDR Act, 1957 and the Forest (Conservation) Act, 1980. Mining operations in forest land require a valid Forest Clearance which vests in the new lessee only for two years post-auction. Upon expiry, fresh clearance is mandatory, and failure to obtain it justifies cessation of mining operations by the authorities. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. A complainant, though not considered a 'victim' under Section 2 (wa) of CrPC, has the statutory right to file an appeal against acquittal before the Sessions Court without approaching the High Court. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Indian Partnership Act, 1932. Once a partner contributes property to a partnership firm, it becomes the firm’s exclusive asset. Legal heirs of a deceased partner do not inherit specific partnership property but only the partner’s share in the firm. Supreme Court.

  • 04-March-2025
  • Daksha Legal
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  Maharashtra Slum Areas Act, 1971. Eviction notices for sanctioned redevelopment projects can't be challenged unless there's gross illegality or procedural error. Ineligible occupants, like transit camp tenants, are not entitled to rehabilitation benefits, and settled administrative decisions can't be reopened through repeated litigation. Supreme Court.

  • 05-March-2025
  • Daksha Legal
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  Writ jurisdiction. Where the facts are disputed merely to create a ground for the rejection of the writ petition, it is the duty of the writ court to reject such contention and to investigate the disputed facts and record its finding in the interest of justice. Supreme Court.

  • 03-March-2025
  • Daksha Legal
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  Land Acquisition Act, 1894. If an award is not passed within two years under Section 11A, the acquisition lapses. Pendency of litigation does not extend the period unless a stay order is in effect. A lapsed acquisition creates a fresh cause of action for legal challenge. Karnataka High Court.

  • 03-March-2025
  • Daksha Legal
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  Urban Land (Ceiling and Regulation) Repeal Act, 1999. Mere receipt of compensation by landowner will not dis-entitle him to claim the benefit of the repealing Act if the landowner is in actual physical possession. Supreme Court.

  • 03-March-2025
  • Daksha Legal
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  The term 'irrevocable' in a GPA does not, by itself, make it irrevocable unless it is coupled with interest. Conversely, even without an explicit declaration of irrevocability, a GPA will be considered irrevocable if its contents indicate it is coupled with interest. Supreme Court.

  • 03-March-2025
  • Daksha Legal
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  Temporary employees performing the same duties as regular employees are entitled to equal pay. Prolonged engagement at exploitative wages violates Article 23, and courts can mandate compensation equivalent to the minimum prescribed salary. Karnataka High Court.

  • 03-March-2025
  • Daksha Legal
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  Commercial Courts Act. A dispute arising under an agreement relating to immovable property which is used exclusively for the purposes of running an educational institution would not come within the sweep of a commercial dispute. Karnataka High Court.

  • 01-March-2025
  • Daksha Legal