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  Criminal trial. Polygraph test. Silence would not amount to consent of the accused for polygraph test. Result of polygraph test conducted without written consent is void and inadmissible in evidence. Karnataka High Court.

  • 22-December-2022
  • Daksha Legal
• 

  SC/ST Prevention of Atrocities Act, 1989. High Court can NOT entertain bail petition under Section 438 & 439 Cr.P.C. Remedy against grant or refusal of bail by the Special Court is appeal to High Court under Section 14A. Karnataka High Court. 30:3:2021

  • 30-March-2021
  • Daksha Legal
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  Constitution of India. Article 254. Repugnancy. The primary effort in the exercise of judicial review must be an endeavor to harmonize. Supreme Court exhaustively analyses the test. 4 May 2021

  • 04-May-2021
  • Daksha Legal
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  Disaster Management Act, 2005. Government has no power under the Act to issue directions to private parties on economic aspects of legitimate subsisting contractual mattes or transactions between them inter se. Supreme Court. 3 May 2021

  • 03-May-2021
  • Daksha Legal
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  Constitution of India. Article 162. In exercise of the executive power, Government cannot go against the provisions of the Constitution or any law. Supreme Court reiterates. 3 May 2021

  • 03-May-2021
  • Daksha Legal
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  Encroachment of footpaths in anyway including by parking of vehicles amounts to violation of fundamental right guaranteed under Article 21 of the Constitution of India. Karnataka High Court issues directions to maintain footpaths. 21 April 2021.

  • 21-April-2021
  • Daksha Legal
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  Land Acquisition Act, 1894. Market value. Amount awarded under consent award in respect of similarly situated land acquired for similar purpose can be treated to be the base price. Karnataka High Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
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  Education. Government has no power under the Disaster Management Act, 2005 or under Article 162 of the Constitution to reduce fee structure of educational institutions. Supreme Court. 3 May 2021

  • 03-May-2021
  • Daksha Legal
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  Decree for permanent injunction. After death of plaintiff, legal representatives can enforce decree against defendant. However, such decree cannot be enforced against a purchaser since injunction does not run with the land. Karnataka High Court. 26:8:1992

  • 26-August-1992
  • Daksha Legal
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  Specific Relief Act, 1963. Amendment of Section 20 is prospective in nature. It does not apply to pending suits and appeals. Karnataka High Court.

  • 23-October-2020
  • Daksha Legal
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  Contempt of Courts Act, 1971. Provisions of Limitation Act are applicable to contempt proceedings. Supreme Court. 10 August 2001

  • 10-August-2001
  • Daksha Legal
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  Civil Procedure Code. Receiver appointed by the Court under Order 40 can, to preserve the estate, institute a suit for recovery of possession from the tenant. Supreme Court. 9 May 2014

  • 09-May-2014
  • Daksha Legal