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  Mere speculation about hidden artifacts or historical monuments is not a ground to acquire land without following the procedure under the Ancient Monuments and Archaeological Sites and Remains Act. Karnataka High Court.

  • 04-November-2023
  • Daksha Legal
• 

  Civil Court has no jurisdiction to deal with the correctness of the Land Tribunal order granting occupancy rights. Karnataka High Court.

  • 03-November-2023
  • Daksha Legal
• 

  Registered general power of attorney coupled with interest cannot be cancelled by registration of another document titled ‘’Cancellation of GPA’’. The remedy is only under the Specific Relief Act. Karnataka High Court.

  • 03-November-2023
  • Daksha Legal
• 

  After taking cognizance, it is impermissible for the Magistrate to take cognizance again for the offence that had already been taken cognizance. Karnataka High Court quashes proceedings under the Protection of Wildlife Act.

  • 03-November-2023
  • Daksha Legal
• 

  Negotiable Instruments Act. Death of the drawer of the cheque cannot and will not efface the offence when the cheque is issued on behalf of the Company. Karnataka High Court.

  • 03-November-2023
  • Daksha Legal
• 

  Motor Vehicles Act. Amendment Act No.32 of 2019 which came into effect from 1:1:2022 prescribing six months limitation for claim petitions does not operate retrospectively. Karnataka High Court.

  • 03-November-2023
  • Daksha Legal
• 

  Arbitration clause in a Government contract or civil remedy is not a bar for the High Court to exercise jurisdiction if the payment is arbitrarily withheld. Karnataka High Court.

  • 02-November-2023
  • Daksha Legal
• 

  Executing court can go into validity of claim based on Will in final decree proceedings. Karnataka High Court.

  • 02-November-2023
  • Daksha Legal
• 

  When decree for declaration of title cannot be granted, the court can grant a decree for partition of the properties. Karnataka High Court.

  • 02-November-2023
  • Daksha Legal
• 

  Not every application under Order 21 Rule 97 of CPC requires detailed enquiry. Courts must reject frivolous application at the threshold to enable the decree holder to reap the benefits of the decree. Karnataka High Court.

  • 02-November-2023
  • Daksha Legal
• 

  POCSO Act being later prevails over the SC/ST Atrocities Act. Where accused is charged with both SC/ST Atrocities Act and POCSO Act, petition for bail under Section 439 Cr.PC can be filed before High Court. Karnataka High Court.

  • 02-November-2023
  • Daksha Legal
• 

  Negotiable Instruments Act. When there is material contradiction in the complainant’s case, the presumption under Section 139 is not available. Karnataka High Court.

  • 31-October-2023
  • Daksha Legal