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  Joint ownership. Possession of joint property by one co-owner is possession of all. A co-owner is not entitled to an injunction restraining another co-owner from exercising his rights in the common property. Himachal Pradesh High Court.

  • 03-February-2023
  • Daksha Legal
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  Saving Great Indian Bustard and Lesser Florican birds from extinction-Supreme Court suggests high-voltage overhead power lines to be laid underground and installation of devertors. 19 April 2021

  • 19-April-2021
  • Daksha Legal
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  Service Law. Exploitation of human labour at the hands of the State can never be countenanced. Karnataka High Court orders regularisation and payment of terminal benefits to a woman employee who worked for 25 years on temporary basis. 8:3:2021

  • 08-April-2021
  • Daksha Legal
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  Prevention of Corruption Act. Section 17A. Formation of opinion by statutory authority while granting prior permission should reflect application of mind with reference to material available on record to avoid malicious prosecution. Kar HC. 26:3:2021

  • 26-March-2021
  • Daksha Legal
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  Cr.P.C. Sections 82 and 83. Proclamation of an accused to be an absconder is mandatory for the purpose of attachment of the properties of such absconding person. Karnataka High Court.

  • 06-February-2023
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Erroneous part of an award can be separated under proviso to section 34(2) instead of ordering fresh arbitration. Karnataka High Court. 30 March 2021

  • 30-March-2021
  • Daksha Legal
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  Mareva Injunction. Court can grant mareva injunction where recovery of amounts outstanding is a long drawn process and transfer of assets by defendant defeats the claim of the plaintiff. Karnataka High Court. 17 April 2021

  • 17-April-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. Cr.P.C. Section 202. Inquiry by Magistrate before issuance of summons to accused residing outside jurisdiction of court. Even evidence of complainant witnesses can be taken by affidavit. Supreme Court. 16:4:2021

  • 16-April-2021
  • Daksha Legal
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  Negotiable Instruments Act. Service of summons in one complaint forming part of a transaction shall be deemed service in respect of all cheques/complaints before same court relating the said transaction. Supreme Court. 16 April 2021

  • 16-April-2021
  • Daksha Legal
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  Right to property is not only constitutional or statutory right but also a human right. State cannot usurp or encroach property of a citizen without paying compensation. Supreme Court. 2 November 2012

  • 02-November-2012
  • Daksha Legal
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  Bangalore Development Authority Act, 1976. Section 38-B. Karnataka High Court declares bulk allotment of acquired land by BDA in favour of BDA Employees' Welfare Association as illegal. Dismisses PIL for non-joinder of allottes of the sites. 15 April 2021

  • 15-April-2021
  • Daksha Legal
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  Limitation Act. Section 18. Entries in balance sheets would amount to acknowledgment of debt for the purpose of extending limitation. Supreme Court. 15 April 2021

  • 15-April-2021
  • Daksha Legal