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  Convict under POCSO Act is entitled for parole as discretion has been vested in the Competent Authority to grant parole to such a convict under “special circumstances”. Delhi High Court.

  • 12-May-2022
  • Daksha Legal
• 

  Rajakaluve, Nala, village path etc shown in village map can not be insisted or relied upon if the same are not shown in the Master Plan prepared and published under the KTCP Act. Karnataka High Court.

  • 09-May-2022
  • Daksha Legal
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  Criminal proceeding against Notary Public in respect of their official work without prior permission of the Central Government or the State Government is impermissible and is liable to be quashed. Karnataka High Court.

  • 10-May-2022
  • Daksha Legal
• 

  POCSO Act. Courts cannot impose lesser sentence than the one prescribed under the Act either before or after the amendment. Karnataka High Court.

  • 11-May-2022
  • Daksha Legal
• 

  Res judicata is a a mixed question of law and fact depending upon the pleadings of the parties, the parties to the suit etc. Trial courts cannot frame preliminary issue on res judicata to dispose suit. Supreme Court.

  • 08-May-2022
  • Daksha Legal
• 

  Registration of a sale deed on the basis of a power of attorney will be illegal if the POA does not expressly confer power to sell. Such a registration can be questioned by way of a writ petition. Supreme Court.

  • 08-May-2022
  • Daksha Legal
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  Occupants of old age home have no right to remain in possession of the accommodation and/or claim injunction since they are only licensees. Supreme Court.

  • 09-May-2022
  • Daksha Legal
• 

  A purchaser has no right to claim declaration that acquisition proceedings are lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Supreme Court.

  • 07-May-2022
  • Daksha Legal
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  Sum awarded under Section 31(7)(a) of the Arbitration and Conciliation Act,1996 does not include the interest pendente lite. Supreme Court.

  • 09-May-2022
  • Daksha Legal
• 

  Where the substantive legitimate expectation is not ultra vires the power of the authority and the court is in a position to protect it, the State cannot be allowed to change course and belie the legitimate expectation of the parties. Supreme Court.

  • 10-May-2022
  • Daksha Legal
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  Pre-emption under the West Bengal Land Reforms Act, 1955. Deposit of the entire sale consideration plus 10% cannot be avoided on the pretext that amount shown in the sale deed is higher than the actual sale consideration. Supreme Court.

  • 13-May-2022
  • Daksha Legal
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  Where the parties themselves refer dispute for arbitration and appoint arbitrator by mutual consent without an arbitration agreement, application to terminate mandate of the arbitrator and to substitute the arbitrator is not maintainable. Supreme Court.

  • 14-May-2022
  • Daksha Legal