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  National Highways Authority Act. Only the Principal Civil Court of original jurisdiction can decide disputes relating to apportionment of the amount determined towards compensation. Supreme Court.

  • 11-July-2023
  • Daksha Legal
• 

  Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Trustee is the owner and custodian of Trust property and cannot claim occupancy rights under Section 45 of the Act in respect of the Trust property. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  Resjudicata is a mixed question of fact and law. Plaint cannot be rejected under Order 7, Rule 11(d) of C.P.C. without holding full fledged trial. Karnataka High Court.

  • 11-July-2023
  • Daksha Legal
• 

  Compensation under the 2013 Land Acquisition Act cannot be paid for the lands acquired under the National Highways Act when the acquisition proceedings were concluded prior to 2013 Act. Karnataka High Court.

  • 08-July-2023
  • Daksha Legal
• 

  Court cannot refuse to release seized passport after acquittal of the accused merely on the ground that an appeal would be filed against the acquittal order. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.

  • 10-July-2023
  • Daksha Legal
• 

  When accused are acquitted for the offences under Sections 498A, 304B IPC and Sections 3 and 4 of the Dowry Prohibition Act, conviction for the murder cannot be sustained. Karnataka High Court.

  • 08-July-2023
  • Daksha Legal
• 

  Employees’ Provident Funds and Miscellaneous Provisions Act. Competent authority has discretion to reduce the percentage of damages under Section 14B and the same is justiciable. Karnataka High Court.

  • 08-July-2023
  • Daksha Legal
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  Compensation for lands notified prior to 1:1:2014 under the KIAD Act, where award is not passed as on 1:1:2014, is to be paid under the 2013 land acquisition Act. Karnataka High Court.

  • 07-July-2023
  • Daksha Legal
• 

  Religious Institution (Prevention of Misuse) Act, 1988. Election campaign in the temple premises by person who is not in-charge of the affair of the Temple does not attract the Act. Karnataka High Court.

  • 07-July-2023
  • Daksha Legal
• 

  Public charitable trust need not obtain permission from the jurisdictional District Court in order to file suit against a third party. Karnataka High Court.

  • 07-July-2023
  • Daksha Legal