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  Though criminal prosecution is permissible against defamatory statement in civil suit, if the statement is made in good faith and necessary for the disposal of the case, criminal prosecution cannot be allowed to continue. Karnataka High Court.

  • 14-December-2023
  • Daksha Legal
• 

  Prohibition against double allotment of shops under the APMC Act applies even when the trader ‘possesses’ another shop. Karnataka High Court.

  • 14-December-2023
  • Daksha Legal
• 

  Karnataka Bank is not “State” within the meaning of Article 12 of the Constitution of India. Writ under Article 226 cannot be issued against the private bank. High court of Karnataka.

  • 14-December-2023
  • Daksha Legal
• 

  BBMP has no power to enquire into an allegation of encroachment simpliciter unless the encroachment is in violation of sanctioned plan. Karnataka High Court.

  • 14-December-2023
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act does not apply to lands granted to SC/ST persons under the Karnataka Village Offices Abolition Act. Karnataka High Court.

  • 13-December-2023
  • Daksha Legal
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  Karnataka Gram Swaraj and Panchayat Raj Act. Adhyaksha can only stay the execution of order or resolution of Taluk Panchayat if it is unjust and unlawful etc. He cannot sit as an appellate authority and decide the dispute. Karnataka High Court.

  • 13-December-2023
  • Daksha Legal
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  Planning Authority cannot force landowners to surrender portion of their land for road-widening free of cost for sanctioning building plans. Karnataka High Court.

  • 13-December-2023
  • Daksha Legal
• 

  Karnataka Town and Country Planning Act. Planning Authority cannot reject modification of layout plan unless the modification contravenes any provisions of the Act. Karnataka High Court.

  • 13-December-2023
  • Daksha Legal
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  KIADB Act. Terms of lease-cum-sale agreement prevail over Regulations governing disposal of lands. Once a lease-cum-sale agreement is executed, the Board cannot revoke the allotment citing the Regulations. Karnataka High Court.

  • 13-December-2023
  • Daksha Legal
• 

  Allotment of industrial site cannot be cancelled when the allotting body itself has not complied with necessary conditions. Karnataka High Court.

  • 12-December-2023
  • Daksha Legal
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  Land acquisition. Courts exercising jurisdiction under Article 226 of the Constitution have the power to shift/ alter/ fix the date for reckoning the market value under certain circumstances. Karnataka High Court.

  • 12-December-2023
  • Daksha Legal
• 

  Grant of land under the Karnataka Certain Inam Abolition Act, 1977 can be challenged before the Assistant Commissioner under Section 118(2B) Karnataka land Reforms Act 1961 since the 1977 Act does not provide for appeal remedy. Karnataka High Court.

  • 12-December-2023
  • Daksha Legal