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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
• 

  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
• 

  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
• 

  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
• 

  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
• 

  Urban Land (Ceiling and Regulation) Act. If possession of excess land was not taken lawfully by the Competent Authority, landowners are entitled for restoration of the land despite the delay in approaching the Court. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Bombay-Karnataka area. Succession among Hindus coming under the Bombay School of Inheritance. Sister was entitled for a share if the succession had opened prior to 1956. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Permissive possession cannot be claimed as adverse possession unless the possession is adequate in continuity, adequate in publicity and adverse to a competitor. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
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  Service benefits do not form bequeathable estate of Government Servant. Family pension does not form part of the estate of the deceased and as such it cannot be disposed off during lifetime by testamentary disposition. Karnataka High Court.

  • 28-March-2023
  • Daksha Legal
• 

  “If Government wants to curb corruption, such intention should be reflected in swift action.” Competent Authority must pass orders on the requisitions for sanction to prosecute public servant within the outer limit of six months. Karnataka High Court.

  • 28-March-2023
  • Daksha Legal
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  “Prohibition of outdoor advertisement on non-residential private properties violates Articles 14 & 19(1)(a) and (g) of the Constitution of India” declares Karnataka High Court. Directions issued to take strict action against unauthorised hoardings.

  • 28-March-2023
  • Daksha Legal
• 

  “Disqualification of a tenderer or termination of contract can happen only in tune with clauses of the tender”. Karnataka High Court orders restoration of tender which was recalled arbitrarily.

  • 28-March-2023
  • Daksha Legal