Judgements

“Keep your house in order so that common man does not bear the brunt of unnecessary litigation.” Karnataka High Court orders grant of interest to HUF in the Post Office Public Provident Fund Scheme deposit.

12-April-2023

Daksha Legal
Section 4 of the Limitation Act excluding last day falling on a public holiday is not applicable to the 30 days’ discretionary condonable period under Section 34(3) of the Arbitration Act. Supreme Court.

12-April-2023

Daksha Legal
Unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered may be received as evidence of a contract in a suit for specific performance. Supreme Court.

12-April-2023

Daksha Legal
Karnataka Town & Country Planning Act. Designation of land in the Master Plan, if not acquired within five years by paying compensation, lapses and the owner is entitled for conversion of land. Karnataka High Court.

10-April-2023

Daksha Legal
“Delay in completion of acquisition and payment of compensation is akin to State taking away the ‘oxygen mask’ from the gasping patient”. Karnataka High Court permits landowner to sell 50% of the land under acquisition to payoff debts.

11-April-2023

Daksha Legal
Amendment brought to Section 153C of the Income Tax Act, 1961 vide Finance Act, 2015 would be applicable even to searches conducted under Section 132 of the Act, 1961 before 01.06.2015. Supreme Court.

11-April-2023

Daksha Legal
Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. Karnataka High Court.

11-April-2023

Daksha Legal
Disposition property in unnatural, improbable or unfair manner and exclusion of or absence of adequate provisions for the natural heirs without any reason is a ground to doubt the execution of a Will. Karnataka High Court.

11-April-2023

Daksha Legal
No estoppel against statute. Landowners cannot be deprived of compensation for the Road Margin Area even though they accepted condition and derived benefit under the approved plan. Karnataka High Court.

10-April-2023

Daksha Legal
Income Tax Act. Where two views are possible and the Assessing Officer has adopted one view, such a decision, which might be plausible and it has resulted in loss of Revenue, such an order is not revisable under Section 263. Supreme Court.

11-April-2023

Daksha Legal
Suit for specific performance. When entire sale consideration is paid and possession of the property is also delivered to the agreement holder, the readiness and willingness issue becomes illusory. Karnataka High Court.

10-April-2023

Daksha Legal
Cr.P.C. Section 41A. When police issues notice under Section 41A, the apprehension of arrest is not completely ruled out. Hence petition for anticipatory bail is maintainable. Karnataka High Court.

07-April-2023

Daksha Legal

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