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  Victim Compensation Scheme. Trial court while awarding interim and final compensation must adopt pragmatic approach for the welfare and well-being of the victim. Karnataka High Court.

  • 12-July-2023
  • Daksha Legal
• 

  Appeal against grant/refusal to grant temporary injunction. Appellate Court can mould the relief taking note of the relief sought in the Trial Court as on the date of suit. Karnataka High Court.

  • 12-July-2023
  • Daksha Legal
• 

  Attachment under Order 38 Rule 5 of CPC. Even where the defendant is removing or disposing his assets, attachment before judgment will not be issued if the plaintiff is not able establish prima facie case. Karnataka High Court.

  • 12-July-2023
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. Any action taken by the authorities under the Act beyond a reasonable period cannot be sustained. Karnataka High Court quashes resumption order.

  • 11-July-2023
  • Daksha Legal
• 

  National Highways Authority Act. Only the Principal Civil Court of original jurisdiction can decide disputes relating to apportionment of the amount determined towards compensation. Supreme Court.

  • 11-July-2023
  • Daksha Legal
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  Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
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  Karnataka Land Reforms Act. Trustee is the owner and custodian of Trust property and cannot claim occupancy rights under Section 45 of the Act in respect of the Trust property. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  Resjudicata is a mixed question of fact and law. Plaint cannot be rejected under Order 7, Rule 11(d) of C.P.C. without holding full fledged trial. Karnataka High Court.

  • 11-July-2023
  • Daksha Legal
• 

  Compensation under the 2013 Land Acquisition Act cannot be paid for the lands acquired under the National Highways Act when the acquisition proceedings were concluded prior to 2013 Act. Karnataka High Court.

  • 08-July-2023
  • Daksha Legal
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  Court cannot refuse to release seized passport after acquittal of the accused merely on the ground that an appeal would be filed against the acquittal order. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
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  When accused are acquitted for the offences under Sections 498A, 304B IPC and Sections 3 and 4 of the Dowry Prohibition Act, conviction for the murder cannot be sustained. Karnataka High Court.

  • 08-July-2023
  • Daksha Legal