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  POCSO Act. Though victim shall not be called frequently for cross examination, fair trial being a fundamental right, the court shall not deny sufficient opportunity to the accused. Karnataka High Court.

  • 15-March-2023
  • Daksha Legal
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  Arbitration award can be set aside partially under Section 34 of the A & C Act applying the principle of severability. Delhi High Court.

  • 15-March-2023
  • Daksha Legal
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  Suit filed by Bank for recovery of loan amount due from its debtor is not barred under Section 34 of the SARFAESI Act. Karnataka High Court.

  • 15-March-2023
  • Daksha Legal
• 

  Child custody. Principle of Comity of Courts cannot override the consideration of best interest and welfare of the child. Karnataka High Court.

  • 14-March-2023
  • Daksha Legal
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  When Juvenile Justice Board decides to try the juvenile as an adult, the accused can, apart from appealing against the order, seek bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Karnataka High Court.

  • 14-March-2023
  • Daksha Legal
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  Value Added Tax. Burden of proving that the Input Tax Credit claim is correct is squarely upon the assessee who must discharge the said burden beyond doubt. Supreme Court.

  • 14-March-2023
  • Daksha Legal
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  Karnataka Land Revenue Act. Pendency of the Master Plan under the Karnataka Town and Country Planning Act for Government approval can NOT be a ground for rejecting conversion of land from agricultural to non-agricultural. Karnataka High Court.

  • 13-March-2023
  • Daksha Legal
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  Consensual and longtime sexual relationship cannot be given the colour of rape simply because the promise of marriage could not be fulfilled by the accused. Karnataka High Court.

  • 14-March-2023
  • Daksha Legal
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  Acquiring body denotifying land from the acquisition proceedings; retaining the possession and allotting the land for industrial purposes. Fresh acquisition proceedings to rectify the mistake cannot be said to be illegal. Karnataka High Court.

  • 14-March-2023
  • Daksha Legal
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  ‘Our Constitution is founded on human values’. Displaced slum dwellers who were granted Hakku Patraas and Possession Certificates are also entitled to Transferable Development Rights. Karnataka High Court.

  • 13-March-2023
  • Daksha Legal
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  Court cannot place accused exparte in cheque bounce cases and proceed with the trial. Court must secure presence of the accused if he does not appear despite service of summons. Karnataka High Court.

  • 10-March-2023
  • Daksha Legal
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  Private complaint before the Magistrate in respect of cognizable offence without first approaching the jurisdictional police is not maintainable. Karnataka High Court reiterates.

  • 13-March-2023
  • Daksha Legal