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  Service Law. Administrative exigency may justify employee transfers, as it's an inherent aspect of service. However, such transfers must comply with the statute and guidelines. Any violation is unacceptable and unsustainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Pursuant to the amendment introducing Rule 3A to Order 23 of the Civil Procedure Code, appeals against orders recording a compromise, as well as suits challenging the validity of a compromise, are no longer maintainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Upon receipt of an application under Order 41 Rule 27 of the CPC for acceptance of additional evidence, the appellate court is duty-bound to consider it on merits. Failure to do so renders the judgment unsustainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Mines and Mineral (Regulations and Development) Act. Brick earth is a minor mineral. The State Government retains the authority to impose royalty, regardless of land ownership. Supreme Court.

  • 22-January-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Land Tribunal has power to rectify and correct the extent of land in an order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Evidence led by one of the parties need not be binding on all other parties. Court can consider the veracity of the deposition if challenged by a party on tenable grounds. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Income Tax Act, 1961. Although there is no specific time limit to initiate penalty proceedings under 271-D, such proceedings are not immune to the principles of delay and laches, and undue delay can invalidate them. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Civil Procedure Code. A party can file a counterclaim until the stage of framing of issues, but the court's permission to do so cannot be granted thereafter. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  “You spend crores of rupees elsewhere and take preposterous plea of financial constraints when it comes to education of the poor”. Karnataka High Court quashes Government notification that reduced education assistance to children of construction workers.

  • 20-January-2025
  • Daksha Legal
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  Specific Relief Act. The court retains the power under Section 28 to extend the time for depositing the sale consideration despite the trial court decree specifying a deadline for the payment and on failure the suit to stand dismissed. Supreme Court.

  • 21-January-2025
  • Daksha Legal
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  The regularisation of an unauthorised occupation of a land, even in favour of a person belonging to a member of the SC/ST, does not come within the meaning of ‘granted land’ as defined under the Karnataka SC/ST (PTCL) Act. Karnataka High Court.

  • 21-January-2025
  • Daksha Legal
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  High Court cannot pass any ad interim order even for a limited period, before framing substantial question of law, while dealing with a second appeal filed under Order XLI read with Section 100 Civil Procedure Code. Supreme Court.

  • 21-January-2025
  • Daksha Legal