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  Construction as per the sanctioned plan cannot be prevented on the ground of encroachment of Rajakaluve unless the existence of Rajakaluve is reflected in the Revised Master Plan prepared under the KT&CP Act. Karnataka High Court.

  • 11-December-2023
  • Daksha Legal
• 

  Failure to furnish legible and translated copies of the documents supporting the preventive detention to the detune vitiates the detention order. Karnataka High Court.

  • 11-December-2023
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code. Unlike coercive recovery litigation, the corporate insolvency resolution process is not adversarial to the interest of the corporate debtor. Supreme Court reiterates.

  • 09-December-2023
  • Daksha Legal
• 

  Daughters cannot maintain suit for partition in respect of joint family properties when the succession had opened prior to the commencement of the Hindu Succession Act, 1956. Karnataka High Court.

  • 09-December-2023
  • Daksha Legal
• 

  Even entries in books of account and/or balance sheets of a corporate debtor would amount to an acknowledgment under Section 18 of the Limitation Act. Supreme Court.

  • 07-December-2023
  • Daksha Legal
• 

  Difference between 'acknowledgment of debt' and 'promise to pay'. Acknowledgment applies to a debt within limitation. Promise to pay applies to a time-barred debt. Supreme Court.

  • 11-December-2023
  • Daksha Legal
• 

  Conducting land survey and marking boundaries under the Karnataka Land Revenue Act cannot be resorted to claim title over the property instead of approaching the civil Court. Karnataka High Court.

  • 08-December-2023
  • Daksha Legal
• 

  Hindu Succession Act. Step-mother is not class I heir of Hindu male dying intestate and cannot claim property left by him. Karnataka High Court.

  • 08-December-2023
  • Daksha Legal
• 

  One business partner cannot set criminal law into motion against another partner if the business runs into losses. Karnataka High Court.

  • 08-December-2023
  • Daksha Legal
• 

  Arbitration agreement entered into by a Company within a group of companies may bind non-signatory affiliates if the circumstances are such as to demonstrate the mutual intention of the parties to bind both signatories and non-signatories. Supreme Court.

  • 07-December-2023
  • Daksha Legal
• 

  Second Writ Petition for mandamus is maintainable when the earlier direction was not complied. Writ Court can give directions to compel the performance in a proper and lawful manner. Karnataka High Court.

  • 08-December-2023
  • Daksha Legal
• 

  Writ Court can give directions to compel the performance in a proper and lawful manner and itself can pass orders which the Government or the public authority should have passed had it properly and lawfully exercised its discretion. Karnataka High Court.

  • 12-December-2023
  • Daksha Legal