• 

  No estoppel against statute. Landowners cannot be deprived of compensation for the Road Margin Area even though they accepted condition and derived benefit under the approved plan. Karnataka High Court.

  • 10-April-2023
  • Daksha Legal
• 

  Income Tax Act. Where two views are possible and the Assessing Officer has adopted one view, such a decision, which might be plausible and it has resulted in loss of Revenue, such an order is not revisable under Section 263. Supreme Court.

  • 11-April-2023
  • Daksha Legal
• 

  Suit for specific performance. When entire sale consideration is paid and possession of the property is also delivered to the agreement holder, the readiness and willingness issue becomes illusory. Karnataka High Court.

  • 10-April-2023
  • Daksha Legal
• 

  Cr.P.C. Section 41A. When police issues notice under Section 41A, the apprehension of arrest is not completely ruled out. Hence petition for anticipatory bail is maintainable. Karnataka High Court.

  • 07-April-2023
  • Daksha Legal
• 

  Creation/claim of tenancy under the KLR Act in respect of granted lands also amounts to 'transfer' under the SC/ST (PTCL) Act, 1978 and hence the same is void though the Tribunal order has become final. Karnataka High Court.

  • 06-April-2023
  • Daksha Legal
• 

  Maintenance and Welfare of Parents and Senior Citizens Act. Transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor. Karnataka High Court reiterates.

  • 10-April-2023
  • Daksha Legal
• 

  POCSO Act. Undertaking by the accused that he would marry the victim girl if released on bail cannot be countenanced either to grant bail or to quash the proceedings. Karnataka High Court.

  • 10-April-2023
  • Daksha Legal
• 

  Suit for specific performance. When suit is filed after non-alienation period is over, the suit cannot be said to be barred by time especially when entire sale consideration is paid under the agreement of sale. Karnataka High Court.

  • 08-April-2023
  • Daksha Legal
• 

  Grant of Indian citizenship under the Citizenship Act, 1955. Mere surrender of foreign passport does not amount to renunciation of foreign citizenship. Karnataka High Court rejects the plea of minor children of Indian citizen holding Pakistan citizenship.

  • 08-April-2023
  • Daksha Legal
• 

  Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.

  • 06-April-2023
  • Daksha Legal
• 

  Limitation for suit for comprehensive relief of declaration and possession is 12 years under Article 65 and not 3 years under Article 58 of the Limitation Act. Karnataka High Court.

  • 07-April-2023
  • Daksha Legal
• 

  Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.

  • 07-April-2023
  • Daksha Legal