• 

  Shifting of under-trial prisoners from one jail to another cannot be at the whim and fancy of the prosecution and such orders when sought, the learned Magistrates ought to apply their mind. Karnataka High Court.

  • 24-October-2024
  • Daksha Legal
• 

  Service Law. Corruption cases warrant severe penalties. Tribunal cannot replace dismissal order with compulsory retirement solely based on sympathy. Karnataka High Court.

  • 22-October-2024
  • Daksha Legal
• 

  While dismissing suit for injunction, Court cannot grant decree for possession of the suit property in favour of the defendant in the absence of pleadings or counter claim. Karnataka High Court.

  • 22-October-2024
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code. Even statutory dues owed to Government get extinguished if such claims are not part of the insolvency resolution plan. Karnataka High Court.

  • 22-October-2024
  • Daksha Legal
• 

  Defense of ouster in a suit for possession. The adverse possession pleaded must be open, express or implied repudiation of the rights of the true owner and the hostility must be within the knowledge of true owner. Karnataka High Court.

  • 21-October-2024
  • Daksha Legal
• 

  Compensation for usage of land without acquisition. Inter-se dispute among the Government departments cannot be a reason to deny the compensation to the landloser. Karnataka High Court.

  • 21-October-2024
  • Daksha Legal
• 

  CGST Act. Government decision to extend time under Section 168A cannot be challenged by the assessee when the GST Council recommendation is backed by application of mind. Karnataka High Court.

  • 21-October-2024
  • Daksha Legal
• 

  Order XXI Rule 97 CPC. Only person with independent right has the right to record resistance and not a party who is tracing his right through judgment debtor. Karnataka High Court.

  • 21-October-2024
  • Daksha Legal
• 

  Public or ex-servicemen cannot claim right of way through Class A1 land exclusively belonging to military invoking Article 19 (1) (d) of the Constitution of India. Karnataka High Court.

  • 21-October-2024
  • Daksha Legal
• 

  Demonetisation. Confiscation of specified Bank notes by the investigating agencies. Person can seek exchange of the notes from the Union of India only on production of direction of the Court to that effect. Karnataka High Court.

  • 18-October-2024
  • Daksha Legal
• 

  Disposal of corner sites. ‘Power of the BDA to accept or reject auction bid without explanation is traceable to a Rule which is not under challenge.’ Karnataka High Court upholds rejection of the auction bid.

  • 18-October-2024
  • Daksha Legal
• 

  Registering petition under Section 95 of the IBC before the NCLT is purely administrative/ministerial act which cannot be questioned through a writ petition. Karnataka High Court.

  • 18-October-2024
  • Daksha Legal