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  Prevention of Corruption Act. Sanction to prosecute a public servant can be given only by Government or authority which is competent to remove him. Prosecution launched based on the sanction granted by the superior officer is illegal. Karnataka High Court

  • 04-January-2024
  • Daksha Legal
• 

  KT&CP Act. Land earmarked in the Master Plan for parks etc must be acquired by paying compensation else the earmarking will lapse after five years enabling the landowner to use the land. Karnataka High Court.

  • 04-January-2024
  • Daksha Legal
• 

  Holding timely election is a constitutional mandate. Elections to Co-operative Societies cannot be deferred indefinitely. Karnataka High Court.

  • 08-January-2024
  • Daksha Legal
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  Order under the Karnataka Land Revenue Act to resume lands from the alleged encroachers must be preceded by drawing up of mahazar, preparation of survey sketch and application of mind. Karnataka High Court.

  • 04-January-2024
  • Daksha Legal
• 

  SARFAESI Act as amended. Once the sale notice is issued, right to redeem mortgaged property by the borrower is lost and the right of enforcement of security interest by the Bank is absolute. Karnataka High Court.

  • 03-January-2024
  • Daksha Legal
• 

  Amended Section 6 of the Hindu Succession Act. If daughter is not alive when 2005 amendment to Hindu Succession Act was passed, her legal heirs can seek her share in the ancestral property. Karnataka High Court.

  • 03-January-2024
  • Daksha Legal
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  CGST Act. Appeal under Section 107. When the entire tax liability is disputed, there is no requirement of depositing admitted amount of tax, interest, fine, fee and penalty arising from the impugned order. Karnataka High Court.

  • 03-January-2024
  • Daksha Legal
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  Payment of Gratuity Act. Service rendered as daily wage employee prior to regularisation shall also be taken into consideration for payment of gratuity under the Act. Karnataka High Court.

  • 04-January-2024
  • Daksha Legal
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  Karnataka Hindu Religious Institutions and Charitable Endowments Act. Term of the Managing Committee commences from the date of its constitution and not from the first meeting to elect the Chairman. Karnataka High Court.

  • 03-January-2024
  • Daksha Legal
• 

  Finance Act. Statutory body availing services of an agency to render computer education to persons belonging to economically weaker section, by making payments to the agency, is liable to pay service tax. Karnataka High Court.

  • 03-January-2024
  • Daksha Legal
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  Cheque dishonour. Accused issuing signed blank cheque gives prima facie authority to the holder thereof to fill the details. Such act on the part of the holder does not amount to material alteration of the cheque. Karnataka High Court.

  • 02-January-2024
  • Daksha Legal
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  Security Interest (Enforcement) Rules. Forfeiture of deposit upon failure to make payment of balance amount is a statutory action. Courts cannot interfere on grounds of financial hardship or health issues of the bidder. Karnataka High Court.

  • 02-January-2024
  • Daksha Legal