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Judgements
Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. Karnataka High Court.
06-January-2024
Daksha Legal
Land Acquisition. Pot Kharab is not a government land and it belongs to the ownership of the landowner under the Karnataka Land Revenue Rules. Compensation is payable even in respect of such land. Karnataka High Court.
05-January-2024
Daksha Legal
Plaintiff is bound by law of limitation when he files a fresh suit under Order 23 Rule (1) CPC. If liberty is granted at the appellate stage, the cause action for fresh suit must be different than the earlier one. Karnataka High Court.
06-January-2024
Daksha Legal
Telegraphs Act. When a high-tension wire is erected over the land, definitely value of the land diminishes. While arriving at diminutive value, all factors such as crops grown, etc., is to be taken note of. Karnataka High Court.
05-January-2024
Daksha Legal
A registered sale deed where entire consideration is paid would operate from the date of its execution. Supreme Court.
05-January-2024
Daksha Legal
Though earlier suit for injunction does not operate as resjudicata, specific issues framed in the earlier suit and the decision rendered therein would certainly operate as resjudicata. Karnataka High Court.
05-January-2024
Daksha Legal
Prevention of Corruption Act. Sanction to prosecute a public servant can be given only by Government or authority which is competent to remove him. Prosecution launched based on the sanction granted by the superior officer is illegal. Karnataka High Court
04-January-2024
Daksha Legal
KT&CP Act. Land earmarked in the Master Plan for parks etc must be acquired by paying compensation else the earmarking will lapse after five years enabling the landowner to use the land. Karnataka High Court.
04-January-2024
Daksha Legal
Holding timely election is a constitutional mandate. Elections to Co-operative Societies cannot be deferred indefinitely. Karnataka High Court.
08-January-2024
Daksha Legal
Order under the Karnataka Land Revenue Act to resume lands from the alleged encroachers must be preceded by drawing up of mahazar, preparation of survey sketch and application of mind. Karnataka High Court.
04-January-2024
Daksha Legal
SARFAESI Act as amended. Once the sale notice is issued, right to redeem mortgaged property by the borrower is lost and the right of enforcement of security interest by the Bank is absolute. Karnataka High Court.
03-January-2024
Daksha Legal
Amended Section 6 of the Hindu Succession Act. If daughter is not alive when 2005 amendment to Hindu Succession Act was passed, her legal heirs can seek her share in the ancestral property. Karnataka High Court.
03-January-2024
Daksha Legal
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