Judgements

Land grabbing. If the possession over land is traceable to a registered sale deed, the Special Court has no jurisdiction to entertain complaint. Karnataka High Court.

31-August-2023

Daksha Legal
Whenever a defendant takes up a specific contention in his written statement, it is not necessary for the plaintiff to meet it by filing a rejoinder. Karnataka High Court.

31-August-2023

Daksha Legal
No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.

31-August-2023

Daksha Legal
Grant of NOC from the Ministry of Defence for construction within the vicinity of Defence Establishment can only be as per the provisions of the Works of Defence Act, 1903. Executive instructions cannot be relied on. Karnataka High Court.

31-August-2023

Daksha Legal
Remand of the entire suit for fresh trial when the first appellate Court records a finding that the decree was a collusive one and material facts having been suppressed, is permissible. Karnataka High Court.

31-August-2023

Daksha Legal
Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.

30-August-2023

Daksha Legal
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.

30-August-2023

Daksha Legal
Foreign nationals over-staying in India disobeying Leave India Notices cannot be granted indulgence by the constitutional courts. Karnataka High Court.

30-August-2023

Daksha Legal
Foreign Contribution (Regulation) Act. Mere possession of permanent registration does not permit recipient to get amounts credited to designated savings bank account. Karnataka High Court.

30-August-2023

Daksha Legal
Second suit for partition, instead of enforcing the earlier decree for partition within the period of limitation, is not maintainable. Plaint is liable to be rejected. Karnataka High Court.

30-August-2023

Daksha Legal
Preventing bank from exercising its right under the SARFAESI Act in the guise of partition suit among family members with prayer for injunction is hit by Sections 35 and 36. Karnataka High Court.

29-August-2023

Daksha Legal
Civil Procedure Code. A final decree proceeding may be initiated at any point of time since no limitation is provided therefor. Karnataka High Court.

29-August-2023

Daksha Legal

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