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  Jurisdiction of the High Court while deciding the election petition under the Representation of Peoples Act encompasses questions related to the caste of a returned candidate, regardless of any State enactment. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal
• 

  Notice under Section 106 of the Transfer of Property Act is not necessary to file a suit for eviction in case the tenure of the lease has come to an end by efflux of time. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal
• 

  Land Acquisition Act, 1894. Limitation to apply for reference commences only after the landowner receives notice with copy of the award. Supreme Court.

  • 18-December-2024
  • Daksha Legal
• 

  Statement of a victim who is temporarily or permanently mentally or physically disabled can be recorded only with the assistance of an interpreter or a special educator. Statement recorded to the contrary cannot be considered as statement in lieu of examination-in-chief. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal
• 

  Statutory performance of obligation by the Corporation under the BBMP Act cannot be questioned in a civil suit since it is only the writ court which can exercise jurisdiction in those matters. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal
• 

  When the scheme formulated under the Karnataka Urban Development Authorities Act to form residential layout is lapsed, the Authority cannot refuse sanction of residential layout plan submitted by the landowners. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
• 

  Central Goods and Services Tax Act. When the initial action of search and seizure conducted by an improper officer is illegal, all further actions undertaken are also rendered illegal and unenforceable. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
• 

  A coparcener with no son or daughter can dispose ancestral property inherited by him without any legal necessity since the property at his hands becomes self-acquired property. Birth of a son or daughter revives coparcnery system. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
• 

  Constructive Resjudicata. To invoke Order II Rule 2 CPC and to reject the plaint, there should be intentional relinquishment of claim in the earlier suit. Karnataka High Court.

  • 17-December-2024
  • Daksha Legal
• 

  Laissez Faire Theory is replaced by the theory of the Welfare State. Provisions dealing with victim compensation require liberal interpretation. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
• 

  An officer in-charge of a superior post is empowered to perform all functions, including statutory powers, and not merely routine administrative tasks. ARCS in charge of DRCS post can exercise all powers under the Karnataka Co-operative Societies Act. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
• 

  Persons in identical situations with the same statutory rights can seek relief from the statutory authority, regardless of whether they have approached the constitutional courts for directions along with others. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal