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  Order XXXI Civil Procedure Code. Suit by or against Public Trust without impleading all the Trustees, Executers and Administers is not maintainable. Karnataka High Court.

  • 23-August-2023
  • Daksha Legal
• 

  Fair price shop. Compassionate allotment of licence on the ground of death of authorized original dealer. Control Order of 2016 and 2021 would not be applicable for the licenses issued earlier. Karnataka High Court.

  • 23-August-2023
  • Daksha Legal
• 

  ‘’Even on a money claim, the Writ would be maintainable, if the action of the State smacks arbitrariness’’. Karnataka High Court directs Bank to refund sale consideration arising out of a fraudulent auction sale.

  • 23-August-2023
  • Daksha Legal
• 

  Tenancy rights can be adjudicated only before the Land Tribunal. Tahsildar has no right to enter the name of the Government in RTC assuming vesting of the land. Karnataka High Court.

  • 22-August-2023
  • Daksha Legal
• 

  Criminal Law. When accused is acquitted, normal rule to restore the property to him unless the court for special reasons order the property to be confiscated or returned to any other person. Karnataka High Court.

  • 22-August-2023
  • Daksha Legal
• 

  ‘’Set your house in order’’. Karnataka High Court lambasts at the lackadaisical attitude on the part of the Karnataka Lokayukta in completing investigations under the Prevention of Corruption Act in time.

  • 22-August-2023
  • Daksha Legal
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  When the absolute sale of property and the reconveyance are reflected in separate documents, the transaction cannot be held to be a transaction of mortgage of property. Supreme Court.

  • 22-August-2023
  • Daksha Legal
• 

  Provisions in the Customs Act do not override the statutory preference in terms of Section 529A of the Companies Act, which treats the secured creditors and the workmen’s dues as overriding preferential creditors. Supreme Court.

  • 22-August-2023
  • Daksha Legal
• 

  Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.

  • 21-August-2023
  • Daksha Legal
• 

  Karnataka Police Act. Externment takes away fundamental right and shall not to be passed as a matter of course but to be resorted in extraordinary circumstances and meet Article 19 (5) of the Constitution of India. Karnataka High Court.

  • 21-August-2023
  • Daksha Legal
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  Where the allegations in the FIR are absurd, inherently improbable, manifestly attended with mala fides or is maliciously instituted with a view to spite the accused, such proceedings should be quashed. Karnataka High Court.

  • 21-August-2023
  • Daksha Legal
• 

  Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.

  • 21-August-2023
  • Daksha Legal