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Judgements
If two laws govern the same factual situation, a law governing a specific subject matter overrides a law governing general matters. Commercial Courts lack jurisdiction over matters that fall exclusively under the Admiralty Act 2017. Karnataka High Court.
30-January-2025
Daksha Legal
Temporary injunction. Appeal against exercise of discretion is an appeal on principle. The appellate Court cannot reassess the material and seek to reach a conclusion different from the one reached by the trial court, if the trial court's order is reasonably supported by the evidence on record. Karnataka High Court.
30-January-2025
Daksha Legal
Hindu Law. When a property is acquired by a female member, the principle of blending or treating the same as the joint family property is impermissible. The property remains the absolute property of the female. Karnataka High Court.
30-January-2025
Daksha Legal
Karnataka Value Added Tax Act. Concessional benefits can be availed only if the goods bought by the assessee are included in its certificate of registration and the purchases meet the test of ‘integral connection’ to the ultimate production of goods. Karnataka High Court.
30-January-2025
Daksha Legal
Legitimate expectation. An order which has the effect of reversing a pay hike has the consequence of upsetting financial planning of employee visiting civil consequences which cannot be resorted to without affording an opportunity of hearing. Karnataka High Court.
30-January-2025
Daksha Legal
Accused in prosecutions under Section 138 of the Negotiable Instruments Act should not be treated similarly to those convicted under other penal statutes. If the accused pays the entire cheque amount and fine, courts have the discretion to reduce or set aside the imprisonment sentence. Karnataka High Court.
29-January-2025
Daksha Legal
Karnataka Village Offices Abolition Act. Though regrant of land enures to the benefit of the purchaser, notice to the original grantee is mandatory before regularising the alienation. Karnataka High Court.
29-January-2025
Daksha Legal
Karnataka Land Grabbing Prohibition Act. Civil Court cannot mechanically transfer pending suit to the Special Court without examining the question as to whether there was in fact land grabbing. Karnataka High Court.
29-January-2025
Daksha Legal
Dowry harassment leading to suicide. Even if the deceased's note does not explicitly blame anyone, if the circumstances surrounding the death suggest prima facie evidence of guilt, the criminal case cannot be quashed. Karnataka High Court.
29-January-2025
Daksha Legal
Karnataka Stamp Act. Suo-motu revision under Section 53A cannot be based on the objections raised by the Accountant General. Reliance on borrowed opinion rather than independent judgment undermines the authority's exercise of jurisdiction. Karnataka High Court.
29-January-2025
Daksha Legal
An appointee appointed with condition that he would hold the office at the pleasure of the government would remain on the post at such pleasure. Nominated member of a government body cannot claim vested right to continue. Karnataka High Court.
28-January-2025
Daksha Legal
Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules. Assistant Commissioner cannot take note of the requisition submitted to Panchayat Development Officer. Karnataka High Court.
28-January-2025
Daksha Legal
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