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  When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court.

  • 15-July-2023
  • Daksha Legal
• 

  ‘rakshanti sthavire putra …’ Law, religion & custom mandate sons to look after their parents, and more particularly aged mother. Karnataka High Court.

  • 15-July-2023
  • Daksha Legal
• 

  Reference Court while awarding compensation in respect of the sub-soil/minerals underneath the soil of the acquired properties shall take into consideration the provisions of the Karnataka Minor Minerals Concession Rules. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
• 

  High Court under Article 226 cannot interfere with the order of the fact-finding authority like the Land Tribunal especially when the order is based on appreciation of the oral and documentary evidence on record. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
• 

  Review Petition by non-party to the proceedings. Court can review compromise decree recorded in Regular Second Appeal if there was suppression of facts affecting the rights of third party. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
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  Obtaining approval or sanction from the Government is not mandatory while issuing Preliminary Notification under Section 4(1) of the Land Acquisition Act for acquisition of lands in favour of the Karnataka Housing Board. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
• 

  Criminal Law. When trial Court misreads the evidence and arrives at a conclusion erroneously to convict the accused, the appellate Court must intervene to prevent miscarriage of justice. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
• 

  “Proceeding under the IPC is the flesh and the proceeding under the PMLA is the blood.” Provisional attachment under the PMLA shall be suspended when the predicate offence proceedings under the IPC are stayed by the Court. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Sub-tenants are entitled to be registered as occupants of the land, only when the sub-tenancy was created prior to 2 October 1965. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  Planning Authority cannot seek relinquishment of Buffer Zone or the building line where construction cannot take place, free of cost, to the Planning Authority while sanctioning the development plan. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  Lack of intention on the part of the accused and commission of the act in the heat of passion upon sudden quarrel are the mitigating circumstances. Karnataka High Court reduces sentence from Section 302 IPC to Section 304.

  • 13-July-2023
  • Daksha Legal
• 

  Suit for specific performance. Genuineness of the sale agreement. Purchase of stamp paper under the heading “Bond” instead of “Conveyance” is a factor to be taken note of while considering the genuineness of the sale agreement. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal