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  Constitution of India. Article 162. In exercise of the executive power, Government cannot go against the provisions of the Constitution or any law. Supreme Court reiterates. 3 May 2021

  • 03-May-2021
  • Daksha Legal
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  Encroachment of footpaths in anyway including by parking of vehicles amounts to violation of fundamental right guaranteed under Article 21 of the Constitution of India. Karnataka High Court issues directions to maintain footpaths. 21 April 2021.

  • 21-April-2021
  • Daksha Legal
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  Land Acquisition Act, 1894. Market value. Amount awarded under consent award in respect of similarly situated land acquired for similar purpose can be treated to be the base price. Karnataka High Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
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  Education. Government has no power under the Disaster Management Act, 2005 or under Article 162 of the Constitution to reduce fee structure of educational institutions. Supreme Court. 3 May 2021

  • 03-May-2021
  • Daksha Legal
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  Decree for permanent injunction. After death of plaintiff, legal representatives can enforce decree against defendant. However, such decree cannot be enforced against a purchaser since injunction does not run with the land. Karnataka High Court. 26:8:1992

  • 26-August-1992
  • Daksha Legal
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  Specific Relief Act, 1963. Amendment of Section 20 is prospective in nature. It does not apply to pending suits and appeals. Karnataka High Court.

  • 23-October-2020
  • Daksha Legal
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  Contempt of Courts Act, 1971. Provisions of Limitation Act are applicable to contempt proceedings. Supreme Court. 10 August 2001

  • 10-August-2001
  • Daksha Legal
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  Civil Procedure Code. Receiver appointed by the Court under Order 40 can, to preserve the estate, institute a suit for recovery of possession from the tenant. Supreme Court. 9 May 2014

  • 09-May-2014
  • Daksha Legal
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  Execution of decree. Actual difficulties of a litigant in India begin when he has obtained a decree. Supreme Court lays down guidelines for speedy execution while upholding painstaking judgment of the Karnataka High Court. 22 April 2021

  • 22-April-2021
  • Daksha Legal
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  Judicial review. A rule cannot be challenged on grounds of individual hardship. Courts cannot question wisdom behind policy decisions. Karnataka High Court upholds Rule increasing age limit of doctors for posts of General Duty Medical Officers. 12:4:2021

  • 12-April-2021
  • Daksha Legal
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  Criminal trial. Evidence of injured witness is accorded a special status in law and the same cannot be discredited without convincing evidence to the contrary. Supreme Court reiterates. 28 April 2021

  • 28-April-2021
  • Daksha Legal
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  Domestic Violence Act. Application to Magistrate under Section 12 is NOT governed by limitation under Section 468 Criminal Procedure Code since proceedings under Section 12 are not offences. Karnataka High Court. 1 April 2021

  • 01-April-2021
  • Daksha Legal