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  Rules framed by the Karnataka State Bar Council prevail over the Resolutions and previous practices to the contrary. Karnataka High Court.

  • 26-November-2024
  • Daksha Legal
• 

  Service Law. ‘’It is the prerogative of the employer to deploy his staff suitable to the requirement of work/place unless the conditions of service otherwise provide’’. Employees cannot sit in self-judgment as to the validity of transfer order and disobey the same with impunity. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
• 

  Rejection of plaint in partition suit. Mere assertion in the written statement about prior partition cannot be a ground to reject the plaint without recording evidence to ascertain the prior partition. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
• 

  When application under Section 17 of SARFAESI Act is disposed of as infructuous due to a settlement between the borrower and bank, the applicant is entitled for refund of the court fee. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
• 

  ‘’You played with lives of poor home buyers.’’. Karnataka High Court rejects challenge to criminal proceedings against developers who received huge advance amounts and failed to honor the commitment.

  • 25-November-2024
  • Daksha Legal
• 

  ‘’Proceedings before the Lok-Adalat are also sacrosanct and all parties are required to approach the Lok-Adalat with clean hands with full disclosure’’. Karnataka High Court cancels fraudulent compromise entered before the Lok-Adalat.

  • 25-November-2024
  • Daksha Legal
• 

  Prosecution of a public servant by Police Wing of the Lokayukta and departmental inquiry by Administrative and Inquiry wings of the Lokayukta results in ‘inevitable bias’. Karnataka High Court strikes down KEB Regulation as manifestly arbitrary.

  • 23-November-2024
  • Daksha Legal
• 

  Karnataka Land Reforms Act. While considering the application for occupancy rights under Section 77A, the Deputy Commissioner cannot order vesting of the land with the Government by treating the land to be excess holding. Karnataka High Court.

  • 23-November-2024
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Interim measure granted under Section 9 gets automatically vacated if the arbitral proceedings are not commenced within 90 days from the date of such order. Karnataka High Court.

  • 23-November-2024
  • Daksha Legal
• 

  Motor Vehicles Act. In case of comprehensive insurance policy, personal accident coverage is applicable even to the borrower of the vehicle. Karnataka High Court.

  • 22-November-2024
  • Daksha Legal
• 

  Karnataka Land Grant Rules. Mortgage to a Co-operative Bank is not an alienation. Mortgagee is entitled to sell the property while enforcing the mortgage even within the prohibited period. Karnataka High Court.

  • 22-November-2024
  • Daksha Legal
• 

  Maintenance and Welfare of Parents and Senior Citizens Act. Bank, to which property is mortgaged, can file Writ Petition questioning the order cancelling the gift deed in favour of the borrower, to enforce the security interest. Karnataka High Court.

  • 22-November-2024
  • Daksha Legal