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  Pension to freedom fighters. Government should not seek documents which are impossible to secure. Approach of State and its officials has to be very gentle & humane while considering the claim of such persons. Karnataka High Court.

  • 08-September-2021
  • Daksha Legal
• 

  Where the plaintiff's title is in dispute or under a cloud, a suit for mere injunction without claiming declaration of title not maintainable. Supreme Court reitrates.

  • 07-September-2021
  • Daksha Legal
• 

  Medical negligence. In every case where the treatment is not successful it cannot be automatically assumed that the medical professional was negligent. Supreme Court reiterates.

  • 07-September-2021
  • Daksha Legal
• 

  'Writing judgments is an art. It replicates the individuality of the judge'. Supreme Court stresses the need for clarity in judgments.

  • 07-September-2021
  • Daksha Legal
• 

  Service Law. Fraudulent practice to gain public employment cannot be permitted by a Court of law. Workmen securing job in fraudulent manner must be prevented from enjoying the fruits of the illgotten advantage. Supreme Court

  • 07-September-2021
  • Daksha Legal
• 

  'Cauvery Calling'. Karnataka High Court dismisses the public interest writ petition.

  • 07-September-2021
  • Daksha Legal
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  Writ Petition by statutory authority like Gram Panchayat in furtherance of its objective and protection of public property is maintainable. Karnataka High Court.

  • 07-September-2021
  • Daksha Legal
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  Karnataka SC-ST (Prohibition of Transfer of Certain Lands) Act, 1978. Inordinate delay in initiation of proceedings for resumption. Proceedings are liable to be quashed. Supreme Court.

  • 06-September-2021
  • Daksha Legal
• 

  Royalty. As against tax, royalty normally has direct relationship with the benefit or privilege conferred upon the grantee. It's a compensation paid for rights and privileges. Supreme Court explains.

  • 06-September-2021
  • Daksha Legal
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  Interpretation of statutes. In the absence of express statutory authorization, delegated legislation in the form of rules or regulations, cannot operate retrospectively. Supreme Court reiterates.

  • 06-September-2021
  • Daksha Legal
• 

  Mediation. Failure to appear before Mediation Centre or Lok-adalat on reference of matter to mediation. Court can impose costs to compel attendance of parties before Mediator. Karnataka High Court.

  • 06-September-2021
  • Daksha Legal
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  Industrial Disputes Act, 1947. Section 17B. Workman is entitled to receive full wages during proceedings by employer 'if the workman had not been employed in any establishment' and an affidavit in that regard is filed by him. Karnataka High Court

  • 06-September-2021
  • Daksha Legal