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  Plea of alternative remedy is a self-imposed restriction by the superior Courts and is never an absolute bar unless barred by the statute. Supreme Court.

  • 01-April-2023
  • Daksha Legal
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  Decree for specific performance of sale agreement against allottee of a site can be enforced against the allotter BDA even when the BDA was not a party to the suit. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
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  The amendment of 2022 to the KIADB Act incorporating the provisions of land acquisition 2013 Act is prospective in operation, notwithstanding the word ‘deemed’ occurring therein. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
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  Filing of Caveat cannot curtail Court’s power to pass interim orders when party approaching court makes out an extraordinary circumstance in the presence of caveator. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
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  Plaint cannot be rejected on the plea of resjudicata since the adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the previous suit which are beyond the scope of Order 7 Rule 11 (d), CPC. Supreme Court

  • 31-March-2023
  • Daksha Legal
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  Executing Court can order arrest of the judgement debtor on oral application of the decree holder, without issuing arrest notice, only if the judgement debtor is within the precincts of the Court. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  Motor Vehicles Act. Person who has a driving licence to drive a light motor vehicle can also drive a transport vehicle which has an unladen weight less than 7500 kg. Insurance company is liable to pay compensation. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  Confiscation of goods under Section 130 of the CGST Act must be preceded by an opportunity of being heard and not mere opportunity of filing objections to the action contemplated. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  If a person has no role to play in the entire loan transaction with the bank, issuance of Look Out Circular against him cannot be justified. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  IBC. Once the parties settle the dispute even before the Committee of Creditors is constituted, the parties can withdraw the Corporate Insolvency Resolution Process. NCLT cannot refuse withdrawal quoting other claims. Supreme Court.

  • 31-March-2023
  • Daksha Legal
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  Acquisition of lands under the National Highways Act, 1956. Landowners are entitled for solatium as if the acquisition has been made under the provisions of Land Acquisition Act, 1894. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal