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  Interpretation of statutes. When there is conflict between definition clause and the charging Section, the intendment behind the charging Section must be honoured. Karnataka High Court.

  • 30-May-2024
  • Daksha Legal
• 

  Writ jurisdiction. Alternative remedy is not a bar when there is violation of fundamental rights/principles of natural justice; order or proceedings being without jurisdiction and when the vires of an Act is challenged. Karnataka High Court.

  • 01-June-2024
  • Daksha Legal
• 

  Purchaser pendente lite has a right to be impleaded in the execution proceedings and seek equitable partition exercising the rights of the transferor. Karnataka High Court.

  • 30-May-2024
  • Daksha Legal
• 

  Sub-Registrar cannot refuse registration of Sale Certificate issued pursuant to public auction on the ground that Income Tax dues are pending against the borrower. Karnataka High Court.

  • 30-May-2024
  • Daksha Legal
• 

  Specific performance. Subsequent escalation in market value is not a ground to refuse specific performance of the agreement when all other factors are proved. Karnataka High Court.

  • 29-May-2024
  • Daksha Legal
• 

  NCLT cannot entertain petition under Section 95 IBC when personal guarantee of the corporate guarantor is already waived. High Court can entertain plea challenging the proceedings. Karnataka High Court.

  • 29-May-2024
  • Daksha Legal
• 

  International workers of Indian origin and foreign origin cannot be brought under the purview of the Employees Provident Fund Scheme and the Employees Pension Scheme. Karnataka High Court.

  • 29-May-2024
  • Daksha Legal
• 

  Specific performance. Agreement executed within the prohibited period under the Karnataka Land Reforms Act cannot be specifically enforced. Karnataka High Court.

  • 29-May-2024
  • Daksha Legal
• 

  Registered sale deed executed by the Agricultural Produce Marketing Committee cannot be unilaterally cancelled under the Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004. Karnataka High Court.

  • 29-May-2024
  • Daksha Legal
• 

  Maintenance and Welfare of Parents and Senior Citizens Act does not apply to transactions which have taken place prior to coming into force of the Act. Karnataka High Court.

  • 28-May-2024
  • Daksha Legal
• 

  Provisions of the Karnataka SC/ST (PTCL) Act does not apply to lands which are granted by the Land Tribunal under the Karnataka Land Reforms Act. Karnataka High Court.

  • 28-May-2024
  • Daksha Legal
• 

  Guardian and Ward's Act. Residence of father or mother does not determine jurisdiction of Courts. ‘’Ordinarily resides’’ under Section 9 has to be construed accordingly. Karnataka High Court.

  • 28-May-2024
  • Daksha Legal