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  Registering FIR for non-cognizable offences without taking permission from the Magistrate and filing charge sheet without obtaining sanction is not sustainable under the law. Karnataka High Court.

  • 21-April-2023
  • Daksha Legal
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  Intra-departmental communications are not Government orders and cannot have any applicability or operation over and above the statutory provisions or the executive Government Orders validly issued on the subject. Kerala High Court.

  • 21-April-2023
  • Daksha Legal
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  NDPS Act. Seizure of commercial quantity. Court can grant bail only after satisfying two conditions i.e. there are ‘reasonable grounds’ to believe that the accused is not guilty of the offence and he will not commit any offence while on bail. Kerala HC.

  • 21-April-2023
  • Daksha Legal
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  If the plaintiff who has secured an exparte order of temporary injunction fails to comply with the requirement of Order 39 Rule 3 (a) & (b) CPC, the court is bound to vacate the injunction order. Karnataka High Court.

  • 21-April-2023
  • Daksha Legal
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  Karnataka Police Act. Failure to provide reasonable opportunity to the person sought to be removed from the local limits of his jurisdiction renders the order illegal. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  “Tail wagging the Dog”. Amendment to Rule 9 of the Births and Deaths Rules taking away power of the Magistrate and placing it at the mercy of the Assistant Commissioner is ultravires the parent Act. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Karnataka Urban Development Authorities Act. Failure to implement the scheme substantially within five years and shifting of the scheme to other land results in lapsing of the acquisition proceedings. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.

  • 20-April-2023
  • Daksha Legal
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  Tax Law. Mens rea is not an essential ingredient for contravention of the provisions of a civil Act. Intention of the parties committing such violation becomes immaterial. Supreme Court.

  • 20-April-2023
  • Daksha Legal
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  RTC entries in revenue records. Deputy Commissioner exercising power under the Karnataka Land Revenue Act cannot sit over the validity of registered title deed. Karnataka High Court.

  • 19-April-2023
  • Daksha Legal
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  “The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.

  • 18-April-2023
  • Daksha Legal
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  Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.

  • 18-April-2023
  • Daksha Legal