Once there is a registered document, the revenue authorities are bound to take cognizance of transfer of immovable property and act accordingly. An agreement holder cannot object to mutation proceedings. Karnataka High Court.
Once there is a registered document, the revenue authorities are bound to take cognizance of transfer of immovable property and act accordingly. An agreement holder cannot object to mutation proceedings. Karnataka High Court.
  • 03-April-2025
  • Daksha Legal
Judgement
Land acquisition initiated under the 1894 Act. If compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the 2013 Act, the compensation is required to be determined as per the provisions of the said 2013 Act. Karnataka High Court.
Land acquisition initiated under the 1894 Act. If compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the 2013 Act, the compensation is required to be determined as per the provisions of the said 2013 Act. Karnataka High Court.
  • 01-April-2025
  • Daksha Legal
Judgement
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
News
Karnataka Land Revenue Act. When there is a dispute over phodi and durasthi of land, and a civil suit is already pending to determine the rights and claims of the parties, the Deputy Commissioner lacks the authority to interfere in those matters. Karnataka High Court.
Karnataka Land Revenue Act. When there is a dispute over phodi and durasthi of land, and a civil suit is already pending to determine the rights and claims of the parties, the Deputy Commissioner lacks the authority to interfere in those matters. Karnataka High Court.
  • 02-April-2025
  • Daksha Legal
Judgement
Abuse of process of Law. Party/plaintiff playing fraud on court/defendant and dispossessing rightful occupants. Karnataka High Court upholds conviction of imprisonment and fine.
Abuse of process of Law. Party/plaintiff playing fraud on court/defendant and dispossessing rightful occupants. Karnataka High Court upholds conviction of imprisonment and fine.
  • 02-April-2025
  • Daksha Legal
Judgement
Criminal Law. Separate trials for distinct offenses are not inherently illegal. However, if offenses could've been tried jointly and separation prejudices the accused, a joint trial is warranted. The key factor is whether the separate trial compromised the accused's rights or led to a miscarriage of justice. Karnataka High Court.
Criminal Law. Separate trials for distinct offenses are not inherently illegal. However, if offenses could've been tried jointly and separation prejudices the accused, a joint trial is warranted. The key factor is whether the separate trial compromised the accused's rights or led to a miscarriage of justice. Karnataka High Court.
  • 02-April-2025
  • Daksha Legal
Judgement
Caste verification. Appellate Authority can be regarded as ‘Functus Officio’ only after an order on merits is passed. If no order on merits is passed and the appeal is withdrawn, it cannot be said that the Appellate Authority is rendered ‘Functus Officio’. Karnataka High Court.
Caste verification. Appellate Authority can be regarded as ‘Functus Officio’ only after an order on merits is passed. If no order on merits is passed and the appeal is withdrawn, it cannot be said that the Appellate Authority is rendered ‘Functus Officio’. Karnataka High Court.
  • 02-April-2025
  • Daksha Legal
Judgement
Bombay Tenancy and Agriculture Lands Act. A subsequent purchaser cannot set up a claim of surrender of tenancy to the landlord in terms of Subsection (3) of Section 5. It is for the landlord to have set up such a surrender and established the same. Karnataka High Court.
Bombay Tenancy and Agriculture Lands Act. A subsequent purchaser cannot set up a claim of surrender of tenancy to the landlord in terms of Subsection (3) of Section 5. It is for the landlord to have set up such a surrender and established the same. Karnataka High Court.
  • 31-March-2025
  • Daksha Legal
Judgement
A General Power of Attorney duly executed and notarized carries a presumption of validity under Section 85 of the Indian Evidence Act. Mere execution of a cancellation deed and its registration under Book IV of the Registration Act does not amount to constructive notice to third parties. Karnataka High Court.
A General Power of Attorney duly executed and notarized carries a presumption of validity under Section 85 of the Indian Evidence Act. Mere execution of a cancellation deed and its registration under Book IV of the Registration Act does not amount to constructive notice to third parties. Karnataka High Court.
  • 01-April-2025
  • Daksha Legal
Judgement

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Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article