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  Criminal Law. When trial Court misreads the evidence and arrives at a conclusion erroneously to convict the accused, the appellate Court must intervene to prevent miscarriage of justice. Karnataka High Court.

  • 14-July-2023
  • Daksha Legal
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  “Proceeding under the IPC is the flesh and the proceeding under the PMLA is the blood.” Provisional attachment under the PMLA shall be suspended when the predicate offence proceedings under the IPC are stayed by the Court. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  Karnataka Land Reforms Act. Sub-tenants are entitled to be registered as occupants of the land, only when the sub-tenancy was created prior to 2 October 1965. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  Planning Authority cannot seek relinquishment of Buffer Zone or the building line where construction cannot take place, free of cost, to the Planning Authority while sanctioning the development plan. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  Lack of intention on the part of the accused and commission of the act in the heat of passion upon sudden quarrel are the mitigating circumstances. Karnataka High Court reduces sentence from Section 302 IPC to Section 304.

  • 13-July-2023
  • Daksha Legal
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  Suit for specific performance. Genuineness of the sale agreement. Purchase of stamp paper under the heading “Bond” instead of “Conveyance” is a factor to be taken note of while considering the genuineness of the sale agreement. Karnataka High Court.

  • 13-July-2023
  • Daksha Legal
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  “Sexual harassment of law intern has a chilling effect on the entire legal profession”. Karnataka High Court refuses to quash criminal proceedings against Advocate.

  • 11-July-2023
  • Daksha Legal
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  Hindu Succession Act. Property purchased by husband in the name of his wife would be her absolute property in view of Section 14. Karnataka High Court.

  • 12-July-2023
  • Daksha Legal
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  Limitation Act does not apply Central Goods and Services Tax Act since the Limitation Act will apply only if it is extended to the special statute. Kerala High Court.

  • 12-July-2023
  • Daksha Legal
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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
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  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
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  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