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  Disposal of immovable property by Will would not amount to transfer within the meaning of Section 5 of the Transfer of Property Act and hence the prohibition under Section 61 of the Karnataka Land Reforms Act also does not apply. Karnataka High Court.

  • 12-June-2023
  • Daksha Legal
• 

  ''Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused''. Karnataka High Court lays down guidelines.

  • 12-June-2023
  • Daksha Legal
• 

  ‘’Breach of contract between the protagonists in the agreements cannot be the subject matter to set the criminal law into motion’’. Karnataka High Court quashes criminal proceedings initiated by partner alleging breach of the partnership.

  • 12-June-2023
  • Daksha Legal
• 

  Disputes arising out of contract of employment do not fall within the jurisdiction of the commercial court under the Commercial Courts Act, 2015. Karnataka High Court.

  • 10-June-2023
  • Daksha Legal
• 

  When Civil Court has already dismissed suit for specific performance of sale agreement, the Registrar cannot order registration of the agreement under the Registration Act. Karnataka High Court.

  • 10-June-2023
  • Daksha Legal
• 

  Microbreweries also fall under the Karnataka Excise (Brewery) Rules and are entitled for refund/adjustment of unutilised excise duty and additional excise duty. Karnataka High Court.

  • 09-June-2023
  • Daksha Legal
• 

  Prevention of Corruption Act. Giving effect to the orders of the superior officer/authority is part of official duty and cannot be construed as misconduct. Karnataka High Court.

  • 09-June-2023
  • Daksha Legal
• 

  IBC cannot be compared with that of the Companies Act, 1956/2013. Distribution of assets under Section 53 subject to Section 36(4) of the IBC in case of liquidation of company under IBC is not unconstitutional. Supreme Court.

  • 09-June-2023
  • Daksha Legal
• 

  Service Law. Person ineligible for the post cannot question the appointment of another person to the post since Public Interest Litigation is impermissible in Service matters. Karnataka High Court.

  • 08-June-2023
  • Daksha Legal
• 

  Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will.

  • 08-June-2023
  • Daksha Legal
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  Unconditional allotment of property under a partition will not attract the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.

  • 08-June-2023
  • Daksha Legal
• 

  Buildings used for the purpose of running educational institution and/or incidental activity are exempted from payment of property tax under the Karnataka Municipalities Act even without making application seeking exemption. Karnataka High Court.

  • 08-June-2023
  • Daksha Legal