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  Custom is one of the three sources of Hindu law and it may override a statute subject to a clear proof of usage. Supreme Court.

  • 04-December-2023
  • Daksha Legal
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  Service Law. Court cannot sit on perceptivity of the State Government in posting a person to a particular post except considering the eligibility of the person to occupy the post. Karnataka High Court.

  • 04-December-2023
  • Daksha Legal
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  Partition. Though filing of partition suit brings about severance of status of jointness, legislative amendment or subsequent event will have to be taken into consideration and given effect to in passing the final decree. Supreme Court.

  • 04-December-2023
  • Daksha Legal
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  Insolvency and Bankruptcy Code. 'Each meeting' shall be construed as 'Every meeting' for the purpose of issuance of notice of the meeting under Section 24. Karnataka High Court.

  • 04-December-2023
  • Daksha Legal
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  In a suit for partition of joint family property, a decree by consent amongst only some of the parties cannot be passed. Supreme Court.

  • 02-December-2023
  • Daksha Legal
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  “When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.

  • 02-December-2023
  • Daksha Legal
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  Change in law during the pendency of an appeal must be considered and applied. It is the duty of a court to take note of the change in law affecting pending actions and to give effect to them. Supreme Court.

  • 08-December-2023
  • Daksha Legal
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  One of the co-owners can alone and in his own right file a suit for ejection against the tenant. Supreme Court.

  • 01-December-2023
  • Daksha Legal
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  Caretaker/servant cannot acquire interest in suit property irrespective of long possession. Plaint in a suit by such caretaker/servant has to be rejected. Supreme Court.

  • 01-December-2023
  • Daksha Legal
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  DNA test is not to be directed as a matter of routine but only in deserving cases which satisfy the test of eminent need. Supreme Court.

  • 06-December-2023
  • Daksha Legal
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  Employees Compensation Act. Commissioner is bound to consider the aspect of penalty in accordance with statutory provision when there is delay in payment of even the partial liability. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal
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  Gram Panchayat. Protection against no-confidence motion against president/VP who assume office after resignation, disqualification or death of the first elected President/VP would not go beyond earlier incumbents’ period. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal