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Judgements
“Tail wagging the Dog”. Amendment to Rule 9 of the Births and Deaths Rules taking away power of the Magistrate and placing it at the mercy of the Assistant Commissioner is ultravires the parent Act. Karnataka High Court.
20-April-2023
Daksha Legal
Karnataka Urban Development Authorities Act. Failure to implement the scheme substantially within five years and shifting of the scheme to other land results in lapsing of the acquisition proceedings. Karnataka High Court.
20-April-2023
Daksha Legal
Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.
20-April-2023
Daksha Legal
Tax Law. Mens rea is not an essential ingredient for contravention of the provisions of a civil Act. Intention of the parties committing such violation becomes immaterial. Supreme Court.
20-April-2023
Daksha Legal
RTC entries in revenue records. Deputy Commissioner exercising power under the Karnataka Land Revenue Act cannot sit over the validity of registered title deed. Karnataka High Court.
19-April-2023
Daksha Legal
“The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.
18-April-2023
Daksha Legal
Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.
18-April-2023
Daksha Legal
Prevention of Food Adulteration Act, 1954. Vendor who sells food article after purchasing the same from the manufacturer through the invoices which contained the warranty cannot be prosecuted for adulteration or misbranding. Supreme Court.
19-April-2023
Daksha Legal
Framing of charges in criminal cases. Apart from the duty of Trial Court, even the Public Prosecutor has a duty to be vigilant, and if a proper charge is not framed, it is his duty to apply to the Court to frame an appropriate charge. Supreme Court.
19-April-2023
Daksha Legal
Karnataka Land Revenue Act, 1964. Section 133. Where the RTC entries are made without any ‘title facts’ such as grants, alienations, they do not enjoy presumptive value even if they are long standing. Karnataka High Court.
18-April-2023
Daksha Legal
Karnataka SC-ST PTCL Act, 1978. Application for prior permission to alienate granted land filed by power of attorney of the grantee can NOT be considered. Only grantee or his legal heirs can apply for prior permission. Karnataka High Court.
17-April-2023
Daksha Legal
Indian Penal Code. When accused is acquitted for the offence under Section 392 (Robbery), he cannot be convicted for the offence under Section 411 (Dishonestly receiving stolen property). Karnataka High Court.
18-April-2023
Daksha Legal
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