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  C.P.C. Execution. Person who claims under a Will and seeks declaration of title and possession can NOT maintain application under Order 21 Rule 97 as obstructer. He has to file separate suit for declaration and possession. Karnataka High Court.

  • 28-February-2023
  • Daksha Legal
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  Allotment of industrial plot cannot be cancelled on the ground of delay in implementing the project when the delay is attributable to reasons beyond the capacity of the allottee. Karnataka High Court.

  • 04-March-2023
  • Daksha Legal
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  Magistrate cannot register the case on protest petition without first passing orders rejecting the ‘B’ report. Karnataka High Court.

  • 01-March-2023
  • Daksha Legal
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  Revenue officers cannot go into the validity/correctness of the Order based on which the revenue entries are sought be made in the land records. Karnataka High Court.

  • 01-March-2023
  • Daksha Legal
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  Delay and laches in filing Writ Petition. Where respondents/authorities are themselves guilty of delay and latches, they cannot raise such plea against petitioner. Karnataka High Court.

  • 01-March-2023
  • Daksha Legal
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  Merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of remanding the matter. Supreme Court.

  • 01-March-2023
  • Daksha Legal
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  Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement. Karnataka High Court.

  • 28-February-2023
  • Daksha Legal
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  Trust Act. Petition under Section 34 seeking opinion of Court in management of trust property is not a dispute raised before Court. Section does not apply to suits involving disputes. Karnataka High Court.

  • 27-February-2023
  • Daksha Legal
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  Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. Karnataka High Court disposes Writ Petition challenging non-inclusion of Trusts.

  • 28-February-2023
  • Daksha Legal
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  Karnataka Value Added Tax Act, 2003. Mobile phone chargers sold along with mobile phone in a composite pack attracts tax at the same rate as applicable to mobile phones and cannot be taxed at higher rate as unscheduled goods. Karnataka High Court.

  • 02-March-2023
  • Daksha Legal
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  Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. Karnataka High Court.

  • 28-February-2023
  • Daksha Legal
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  Bar against grant of bail under Section 45 of the Prevention of Money Laundering Act 2002 applies even to anticipatory bail under Section 438 Cr.PC. Supreme Court.

  • 28-February-2023
  • Daksha Legal