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  Pollution Control Boards have powers under the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act to impose environmental compensation or demand bank guarantees from violators, as an ex-ante preventive or remedial measure. Supreme Court.

  • 16-August-2025
  • Daksha Legal
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  A civil court shall return a plaint under Order VII Rule 10 of the CPC instead of rejecting it when a related commercial suit between the same parties is pending before a Commercial Court, as this avoids conflicting judgments and multiplicity of proceedings. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal
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  On the death of a Hindu male after the commencement of the Hindu Succession Act, 1956, his property devolves by succession under Section 8 and not by survivorship. Such property ceases to retain its coparcenary character, and a son born after 1956 does not acquire any birthright in it and the property vests in the heirs as their individual property. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  A disciplinary enquiry and criminal proceedings against a government employee cannot proceed when the foundational report and FIR on which they are based have been quashed. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  Specific Relief Act. A plaintiff is not legally barred from initially filing a suit for a bare injunction to restrain the alienation of property agreed to be sold, and subsequently seek to convert the suit into a comprehensive action for specific performance. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Mere allegations of fraud against the purchaser and illiteracy on the part of the original grantee, without specific details, are insufficient to invalidate the transaction, particularly when the application for resumption is filed after an inordinate delay. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal
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  Protection of Human Rights Act. Victims must first approach the Human Rights Commission and cannot directly file a private complaint before the Court. Karnataka High Court strikes down Rule 6 of the Karnataka State Human Rights Courts Rules, which permitted direct filing of complaints before the jurisdictional Court.

  • 06-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Disputes involving allegations of fraud can be referred to arbitration unless the allegations of fraud are so serious that they render the arbitration agreement itself void. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal
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  An amendment to a plaint, such as adding a prayer for possession in a suit for declaration and permanent injunction, should be liberally allowed, even if filed belatedly, provided it is sought at a pre-trial stage and does not fundamentally alter the nature of the suit or cause irreparable prejudice to the opposing party. Karnataka High Court.

  • 05-August-2025
  • Daksha Legal
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  The regularization of unauthorized land occupation and the subsequent issuance of a Saguvali Chit are invalid if the granting committee's order lacks a reasoned basis and fails to follow the prescribed legal procedures. Karnataka High Court.

  • 05-August-2025
  • Daksha Legal
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  Karnataka Societies Registration Act. Registrar of Societies in pursuance of an enquiry held by his delegate cannot as a postman forward the enquiry report as received to the society. He must apply his mind, accept the report and then forward it to the society. Karnataka High Court.

  • 05-August-2025
  • Daksha Legal
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  Employees State Insurance Act. Labourers engaged through contractors for construction and repair works undertaken within the factory premises are to be treated as `employees' within the meaning of Section 2(9). Karnataka High Court.

  • 06-August-2025
  • Daksha Legal