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  ‘’Public authority withholding pension by imposing penalty after penalty without holding enquiry shocks the conscience of the Court’’. Karnataka High Court directs payment of costs and pension to the retired employee.

  • 14-March-2024
  • Daksha Legal
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  Necessary parties in a suit for partition. Karnataka High Court explains the legal position.

  • 13-March-2024
  • Daksha Legal
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  Order releasing the amount deposited under Section 148(3) N.I. Act does not amount to intermediate order since it is an interlocutory order. Revision before the High Court under Section 397 Cr.P.C. is not maintainable. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
• 

  Purchase of land and constructions put up subsequent to acquisition proceedings do not confer any right over the purchaser. Such person cannot maintain a suit for injunction against the acquiring body. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
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  Concept of ''reasonable doubt'' in criminal cases. Authoritative judgment of the Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
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  Earnest money in sale transaction represents guarantee that purchaser will perform his part of the contract. It can be forfeited only when the transaction fails by reasons of the default or failure of the purchaser and not otherwise. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
• 

  Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.

  • 12-March-2024
  • Daksha Legal
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  Urban Land (Ceiling and Regulations) Act. Revenue Inspector is not competent to take possession of the excess land. Violation results in restoration of land to the owners. Karnataka High Court.

  • 12-March-2024
  • Daksha Legal
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  In a proceeding under Section 163-A of the MV Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation. Karnataka High Court.

  • 12-March-2024
  • Daksha Legal
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  Plaint can be rejected on the ground of resjudicata if the claim in the subsequent suit is based on the status of a person (adoption) already negatived in the earlier suit. Karnataka High Court.

  • 11-March-2024
  • Daksha Legal
• 

  Independent suit to set aside compromise decree is maintainable by a person who was not a party to the compromise decree. Karnataka High Court.

  • 11-March-2024
  • Daksha Legal
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  Accused who is not charged with the predicate offence can still be prosecuted for the offence under the Prevention of Money Laundering Act. Karnataka High Court.

  • 11-March-2024
  • Daksha Legal