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  Central Goods and Services Tax Act. When the initial action of search and seizure conducted by an improper officer is illegal, all further actions undertaken are also rendered illegal and unenforceable. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
• 

  A coparcener with no son or daughter can dispose ancestral property inherited by him without any legal necessity since the property at his hands becomes self-acquired property. Birth of a son or daughter revives coparcnery system. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
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  Constructive Resjudicata. To invoke Order II Rule 2 CPC and to reject the plaint, there should be intentional relinquishment of claim in the earlier suit. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
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  Laissez Faire Theory is replaced by the theory of the Welfare State. Provisions dealing with victim compensation require liberal interpretation. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
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  An officer in-charge of a superior post is empowered to perform all functions, including statutory powers, and not merely routine administrative tasks. ARCS in charge of DRCS post can exercise all powers under the Karnataka Co-operative Societies Act. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
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  Persons in identical situations with the same statutory rights can seek relief from the statutory authority, regardless of whether they have approached the constitutional courts for directions along with others. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
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  If a party breaches a compromise decree passed under Order 23, Rule 3 of the Code of Civil Procedure, the affected party can apply for revival of the original proceedings, allowing the matter to be decided on its merits. Supreme Court.

  • 17-December-2024
  • Daksha Legal
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  Prior notice under the Karnataka Panchayat Act is not necessary for institution of suit for perpetual injunction under Section 38 of Specific Relief Act. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
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  Land acquisition. Relying on compensation rates from earlier acquisitions may be reasonable for short time gaps, but becomes increasingly unreliable and unsafe as the time gap widens. Supreme Court.

  • 16-December-2024
  • Daksha Legal
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  Tahsildar has no power to take action in case of violation of the building plan or sanction since the power is vested only with the authorities under the Karnataka Municipalities Act. Karnataka High Court.

  • 14-December-2024
  • Daksha Legal
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  There is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice. Where the impugned action is patently illegal or affects fundamental rights, the delay must be condoned. Supreme Court.

  • 14-December-2024
  • Daksha Legal
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  Partition. Court cannot appoint an advocate for the purpose of division of the property. Division of property can be done either by a Collector or any Gazetted subordinate of the Collector deputed by him. Karnataka High Court.

  • 13-December-2024
  • Daksha Legal