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  'Doors of the Court to such Rip Van Winkles are not ajar but closed'. Karnataka High Court rejects highly belated challenge to SARFAESI proceedings.

  • 01-February-2024
  • Daksha Legal
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  Mere acceptance of the returns by the Registrar under Section 13 of the Karnataka Societies Registration Act will not create any right and the same cannot be challenged in a Writ Petition by persons claiming right over the management. Karnataka High Court

  • 03-February-2024
  • Daksha Legal
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  Commissioner cannot declare an institution as ‘declared institution’ under the Karnataka Hindu Religious Institutions and Charitable Endowments Act merely on the recommendation of the Tahsildar. Karnataka High Court.

  • 02-February-2024
  • Daksha Legal
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  Motor Vehicles Act. Term ‘Legal representative’ cannot be confined only to Class-I heirs under the Hindu Succession Act and is wider enough to include every legal representative who suffers on account of the death of a person. Karnataka High Court.

  • 01-February-2024
  • Daksha Legal
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  Court cannot straightaway dismiss a suit for non-joinder of necessary party to the suit. Proper course of action is to adjourn the suit and direct the plaintiff to add the necessary party. Karnataka High Court.

  • 01-February-2024
  • Daksha Legal
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  Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.

  • 01-February-2024
  • Daksha Legal
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  Adopted son cannot divest shares in property already vested with members of the family to which he is adopted. Karnataka High Court.

  • 31-January-2024
  • Daksha Legal
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  It is not always mandatory for the State Government to script the reasons for transfer of public servant when the reasonings are reflected in the records for obtaining prior-approval from the Chief Minister. Karnataka High Court.

  • 31-January-2024
  • Daksha Legal
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  Suit for partial partition of joint family properties is not maintainable. Karnataka High Court.

  • 31-January-2024
  • Daksha Legal
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  Scribe of a Will can also be considered as attesting witness apart from the status as scribe thus fulfilling the requirement of Section 63 of the Indian Succession Act. Karnataka High Court

  • 31-January-2024
  • Daksha Legal
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  Income Tax Act. Proceedings regarding escaped assessment and notices under Section 153C solely based on loose sheets and documents which are termed as ‘diaries’ found during the search are unsustainable. Karnataka High Court.

  • 31-January-2024
  • Daksha Legal
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  Land acquisition. When majority of the landowners are not paid compensation, all landowners are entitled to compensation under the 2013 Act though few have received compensation under the 1894 Act. Karnataka High Court.

  • 30-January-2024
  • Daksha Legal