• 

  Lapse of Scheme under the Bangalore Development Authority Act would invalidate designation of property as a civic amenity and all further actions taken in connection thereto. Karnataka High Court.

  • 01-August-2022
  • Daksha Legal
• 

  When there is no clause prescribing minimum quantity of electricity to be purchased by Govt Electricity Company under Power Purchase Agreement, licensee cannot be restrained from injecting power generator into the grid. Karnataka High Court.

  • 02-August-2022
  • Daksha Legal
• 

  Limitation Act has no application to claims under the Carriage by Air Act 1972. Period of two years for enforcing the right would be extinguished if no action is brought within the said period. Supreme Court.

  • 01-August-2022
  • Daksha Legal
• 

  SARFAESI Act. Whether action can be taken in relation to security interest created in an agricultural property can also be dealt with by the Debt Recovery Tribunal. Writ petition cannot be entertained on this ground alone. Karnataka High Court.

  • 02-August-2022
  • Daksha Legal
• 

  Child custody. The question ‘what is the wish/desire of the child’ is different from the question ‘what would be in the best interest of the child’. Latter issue is to be decided taking into account all the relevant circumstances. Supreme Court.

  • 02-August-2022
  • Daksha Legal
• 

  Conscious possession of live cartridges fully knowing the consequences is essential to constitute offence under Sections 3 and 25(1)(a) of the Arms Act. Karnataka High Court.

  • 02-August-2022
  • Daksha Legal
• 

  Karnataka Land Revenue Act. When grant of lands is held to be valid, embarking upon a fresh enquiry regarding the revenue entries is impermissible. Karnataka High Court.

  • 30-July-2022
  • Daksha Legal
• 

  When construction of building is unauthorised and without license, action of the Municipal authorities to remove the same cannot be found fault with. Karnataka High Court.

  • 30-July-2022
  • Daksha Legal
• 

  Though ordinarily, a later enactment may not be a safe external aid for interpreting the preceding enactment, a series of legislative exercises towards the same subject can be referred to while construing the earlier legislation. Supreme Court.

  • 29-July-2022
  • Daksha Legal
• 

  SARFAESI Act. Taking possession of secured asset under Section 14 does not involve an adjudicatory process. District Magistrate and the Chief Metropolitan Magistrate not a persona designate. Supreme Court.

  • 30-July-2022
  • Daksha Legal
• 

  SC/ST(Prevention of Atrocities) Act,1989. Victim need not be physically present when he accesses the offensive content already uploaded to the internet. The victim of the abuse can be deemed to be present each time he accesses it online.Kerala High Court

  • 30-July-2022
  • Daksha Legal
• 

  Lapse of scheme under the BDA Act. Dismissal of earlier writ petition for want of particulars does not preclude fresh writ petition with additional material/grounds. Karnataka High Court.

  • 29-July-2022
  • Daksha Legal