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  ‘’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
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  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
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  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
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  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
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  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
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  Rules 3 and 9 of the Karnataka Prevention of Food Adulteration Rules regarding sample test and following the instructions and directions of the Central Government are mandatory. Karnataka High Court.

  • 21-August-2023
  • Daksha Legal
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  Suit for partition. Inclusion of properties in the plaint schedule cannot be questioned by purchaser of property since he has no say in the suit to dictate how the suit has to be proceeded with. Karnataka High Court.

  • 19-August-2023
  • Daksha Legal
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  Land acquisition. In determining market value of large chunk of land, the value of smaller pieces of land could be taken into consideration subject to appropriate deduction towards roads, open spaces etc. Supreme Court.

  • 19-August-2023
  • Daksha Legal
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  Explanation to Order XVII Rule 2 CPC empowering the court to proceed with the case when substantial portion of the evidence of any party has already been recorded does not apply when the defendant had not led any evidence at all. Supreme Court.

  • 19-August-2023
  • Daksha Legal
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  ‘’A borrower is a borrower, whether he is a practising lawyer or a sitting Judge. Loan laws do not provide for favourable treatment to them when they become chronic defaulters.’’ Karnataka High Court.

  • 18-August-2023
  • Daksha Legal