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  Criminal Law. Registration of second FIR on the same incident is hit by the “doctrine of sameness” and liable to be quashed as it amounts to improving the facts and the case in the subsequent complaint on the same incident. Karnataka High Court.

  • 21-September-2021
  • Daksha Legal
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  A caretaker or servant does NOT acquire any interest in the property irrespective of his long possession. Supreme Court.

  • 21-September-2021
  • Daksha Legal
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  MVC Act. Deprivation of promotion in employment and loss of employment opportunity after retirement due to disability. Legislature to take note of this aspect and bring suitable amendment. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  'Quasi judicial body soliciting disputes to be filed before it is a violation of every known canon of principles of natural justice.' Karnataka High Court quashes orders of Electricity Regulatory Commission on grounds of official bias.

  • 20-September-2021
  • Daksha Legal
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  Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  Civil Procedure Code. Rejection of plaint on the ground of delay based on constructive notice. A defendant cannot pick up few sentences here and there from the plaint and seek rejection of plaint. Supreme Court.

  • 19-September-2021
  • Daksha Legal
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  Karnataka High Court Judgment on tuition fee concession to be given by educational institutions in the State of Karnataka.

  • 17-September-2021
  • Daksha Legal
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  Quasi Judicial authorities like Revenue Officers cannot simply reserve matters for orders without intimating the parties. They must fix a date for pronouncement of orders and intimate parties in advance. Karnataka High Court.

  • 16-September-2021
  • Daksha Legal
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  Extortion by Police Officer during Covid times. Karnataka High Court quashes Criminal cases on consideration of cases on merits.

  • 15-September-2021
  • Daksha Legal
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  Commercial suits. Production of additional documents. Requirement to establish reasonable cause for non disclosure of documents along with the plaint does not apply if documents are found subsequent to filing of suit. Supreme Court.

  • 15-September-2021
  • Daksha Legal
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  Demolition of property tenanted under Rent Act. Tenant cannot resort to Transfer of Property Act for re-possession. Remedy, if any, is under the Rent Act. Supreme Court.

  • 15-September-2021
  • Daksha Legal