Jeanne Pinto vs Deputy Conservator of Forests and another. Regular First Appeal 988/2013 decided on 6 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358139/1/RFA988-13-06-01-2021.pdf Relevant paragraphs: 30. The provisions of Section 33(2)(iii-a) of the Karnataka Forest Act, 1963, prohibits unauthorized occupation of land for any purpose. Admittedly, the present plaintiff who is a trespasser and encroacher, filed suit …
Author Archives: rajdakshalegal
Supreme Court orders opening of Anganwadi Centers outside the containment zones in order to provide nutritional support to pregnant women, lactating mothers, adolescent girls and children.
Dipika Jagatram Sahani vs. Union of India and Others. Writ Petition (Civil) 1039 of 2020 decided on 13 January 2021 Judgment Link: Relevant paragraphs: 1. This writ petition has been filed as a Public Interest Litigation under Article 32 of the Constitution of India questioning the closure of the Anganwadi Centres across the country. The …
Karnataka SC/ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.
Kumar and others vs State of Karnataka and others. Writ Petition 21977/2013 and connected matters decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf Relevant paragraphs: 24. Judgment in THE TIBETIAN CHILDREN’S VILLAGE Vs. DEPUTY COMMISSIONER AND OTHERS in W.P.No.15802/2007 dated 07.04.2019 referred to as follows: “5. It is essential for us to travel a little …
Karnataka SC/ST PTCL Act. Conversion and sale of granted land by original grantee after prohibition period. Conversion amounts to deemed permission. Sale is valid. Karnataka High Court.
Kumar and others vs State of Karnataka and others. Writ Petition 21977/2013 and connected matters decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf Relevant paragraphs: 17 & 18. Immediately, after the condition of the non-alienation was over, the original grantee applies for conversion of the land from agricultural to non- agricultural purposes in the year …
Income Tax Act, 1961. Multi-State agricultural co-operative societies can claim deductions under Section 80P(2)(a). Supreme Court
The Mavilayi Service Cooperative Bank Ltd. & Ors vs. Commissioner Of Income Tax, CIVIL APPEAL NOS. 7343-7350 OF 2019 decided on 12/01/2021 Judgment Link: https://main.sci.gov.in/supremecourt/2019/27628/27628_2019_33_1501_25374_Judgement_12-Jan-2021.pdf Relevant paragraphs: 2. These appeals have been filed by co-operative societies who have been registered as ‘primary agricultural credit societies’, together with one ‘multi-State co-operative society’, and raise important questions as to deductions that can be claimed under section 80P(2)(a) (i) …
Arbitration and Conciliation Act, 1996. Limitation of six years to institute suit for recovery of dues under the Karnataka Municipal Corporations Act. ‘Suit’ includes arbitration proceedings. Karnataka High Court.
M/s. Serve and Volley Outdoor Advertising Pvt Ltd. vs Bruhat Bengaluru Mahanagara Palike and another. Miscellaneous First Appeal 4502/2020 (AA) decided on 8 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357722/1/MFA4502-20-08-01-2021.pdf Relevant Paragraphs: 15….Hence, the question in the instant case is, whether Section 474 of the KMC Act, which is a special law prescribes a different period of …
Arbitration and Conciliation Act, 1996. The civil aspect of fraud as defined by Section 17 of the Indian Contract Act can be adjudicated by an arbitral tribunal. Supreme Court.
M/s. N.N. Global Mercantile Pvt Ltd vs M/s. Indo Unique Flame Lted & others. Civil Appeal 3802 – 3803 /2020. Decided on 11 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2020/23926/23926_2020_38_1502_25365_Judgement_11-Jan-2021.pdf 8 Whether the fraudulent invocation of the Bank Guarantee is arbitrable?8.11 Traditionally, disputes relating to rights in rem are required to beadjudicated by courts and / or …
Whether non-payment of stamp duty on the commercial contract would invalidate the arbitration agreement? Matter referred to larger bench. Supreme Court.
M/s. N.N. Global Mercantile Pvt Ltd. vs M/s. Indo Unique Flame Ltd. & Others. Civil Appeal 3802 – 3803 / 2020 decided on 11 January 2021. Justice Dr Dhananjaya Y Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee Judgment Link: https://main.sci.gov.in/supremecourt/2020/23926/23926_2020_38_1502_25365_Judgement_11-Jan-2021.pdf 12. We are of the considered view that the finding in SMS Tea Estates …
Consumer Protection Act. One sided agreement by developer constitutes ‘unfair trade practice’. The Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer‘s Agreement. Supreme Court.
Ireo Grace Realtech Pvt Ltd vs Abhishek Khanna & others. Civil Appeal 5785 of 2019 decided on 11 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2019/23235/23235_2019_38_1501_25365_Judgement_11-Jan-2021.pdf Held: 19.2 The aforesaid clauses reflect the wholly one-sided terms of the Apartment Buyer‘s Agreement, which are entirely loaded in favour of the Developer, and against the allottee at every step. The …
“The difficulties of a litigant in India begin when he has obtained Decree”. Karnataka High Court quotes Privy Council while affirming restoration of property to Decree Holder. Castigates the Judgment Debtor for trying to frustrate the decree.
A. Ananda vs A Krishna Reddy and others. Writ Petition 13456/2020 decided on 7 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357576/1/WP13456-20-07-01-2021.pdf Relevant paragraphs: 4-F. The unconscionable stand of the JDrs needs to be mentioned here; when there was no dispute as to the identity of the property either in the suit or in the RFA, the JDrs …
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