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  Order XXIII Rule 1(3)(b) of CPC applies even to writ proceedings. Withdrawal of writ petition with liberty to file fresh petition on the same cause of action does not act as resjudicata. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal
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  Anti Defection Law. In the absence of any steps taken to serve whip in the manner known to law i.e., RPAD and courier or by personal service, mere affixture of the whip on the door is not sufficient. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal
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  Borrower of motor vehicle steps into the shoes of the owner of the vehicle and hence the borrower of the vehicle or his legal heirs are not entitled for compensation. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal
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  Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. Karnataka High Court.

  • 05-January-2023
  • Daksha Legal
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  While government can deviate from the route of tenders or public auctions for the grant of contracts, the deviation must not be discriminatory or arbitrary. Supreme Court directs that even the Ayurvedic medicines must be procured only through tender.

  • 05-January-2023
  • Daksha Legal
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  Assessees are not liable to pay tax under the Interest-Tax Act, 1974 on the interest component included in the hire-purchase instalments paid under the hire-purchase agreement. Supreme Court.

  • 05-January-2023
  • Daksha Legal
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  MVC Act. Amputation of leg need not always result in 100% disability for the purpose of awarding compensation when the claimant can do the work which is not strenuous in nature. Karnataka High Court.

  • 05-January-2023
  • Daksha Legal
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  Where driver of vehicle had no valid and effective driving licence, the insurance company shall pay the compensation to the claimant and recover the same from owner of the vehicle. Karnataka High Court reiterates.

  • 05-January-2023
  • Daksha Legal
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  District Court has no jurisdiction to direct the Trial Court to examine the admissibility of a document on the ground of non/under stamping after it had been admitted in evidence. Karnataka High Court.

  • 04-January-2023
  • Daksha Legal
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  Once an instrument is admitted in evidence, even by inadvertence, the admissibility of the document on the ground it was insufficiently stamped cannot be questioned thereafter. Karnataka High Court.

  • 03-January-2023
  • Daksha Legal
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  Order 41 Rule 33 CPC can be invoked to enhance compensation even in an appeal filed by the insured as well as Insurance Company in the absence of appeal filed by the claimant. Karnataka High Court.

  • 04-January-2023
  • Daksha Legal
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  Women are now leading the Defense Forces. Time to change the title from ''Ex-Servicemen'' to ''Ex-Service Personnel". Karnataka High Court calls for gender neutrality in consonance with Article 14.

  • 02-January-2023
  • Daksha Legal