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  Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.

  • 28-September-2023
  • Daksha Legal
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  SARFAESI Act. In view of the amended provision of Section 13(8), the right of redemption of mortgage stands extinguished upon publication of the auction notice. Supreme Court.

  • 28-September-2023
  • Daksha Legal
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  Writ of Prohibition cannot be issued in anticipation on par with the criminal courts granting anticipatory bail in the absence of infringement of right or at least a well-founded apprehension of infringement. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
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  Income Tax Act. Sufficiency to grant immunity from prosecution and penalty under Section 245H are beyond the scope of judicial review unless it contravenes provisions of the Act or has caused prejudice to the opposite party. Supreme Court.

  • 27-September-2023
  • Daksha Legal
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  General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
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  Alternate appellate remedy. If exercise of jurisdiction by a Tribunal ex-facie appears to be an exercise of jurisdiction in futility, it will be permissible for the High Court to interfere in exercise of its writ jurisdiction. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
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  Advocates must practice Seven Lamps of Advocacy. Making false allegations against the Presiding Officer cannot be countenanced for transfer of case under Section 407 of Cr.P.C. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
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  Abetment to commit suicide. Offending action ought to be proximate to the time of occurrence to constitute the offence under Section 306 IPC. Karnataka High Court.

  • 26-September-2023
  • Daksha Legal
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  Lender repeatedly demanding return of the borrowed loan from the borrower and uttering abusive words will not constitute abetment to commit suicide. Karnataka High Court.

  • 26-September-2023
  • Daksha Legal
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  Power of the authorities under FERA Act 1947 to investigate and enforce liability and penalty incurred under the Act is not affected after the repeal of the Act. Supreme Court.

  • 26-September-2023
  • Daksha Legal
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  Wakf Act. Civil Court can entertain suit or proceedings in relation to any question not falling within four corners of the Wakf Tribunal. Karnataka High Court.

  • 25-September-2023
  • Daksha Legal
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  Corporation cannot cancel khata without passing a speaking order and without giving an opportunity to person who may adversely be affected. Karnataka High Court.

  • 25-September-2023
  • Daksha Legal