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  The state has a constitutional obligation to ensure timely payment of land acquisition compensation, even when a private company is ultimately liable. Failure to do so violates Article 300A. Supreme Court.

  • 24-September-2024
  • Daksha Legal
• 

  A purchaser acquiring right through a sale deed or valid transfer can apply for change of khata. The Tahsildar cannot insist on online report from the Sub-Registrar for khata transfer. Karnataka High Court.

  • 23-September-2024
  • Daksha Legal
• 

  Hindu Succession Act. Section 22. Right of pre-emption is a weak right and if the same is not exercised when it was available once, the said right cannot be exercised after multiple sales. Karnataka High Court.

  • 23-September-2024
  • Daksha Legal
• 

  Transferee pendente lite cannot maintain independent suit for declaration of his title based on the sale pendente lite. Such a plaint is liable to be rejected. Karnataka High Court.

  • 23-September-2024
  • Daksha Legal
• 

  Registration Act. Decree of amalgamation of companies passed under the Companies Act is optional and not compulsorily registrable. When submitted for registration, period of limitation does not apply. Karnataka High Court.

  • 23-September-2024
  • Daksha Legal
• 

  A religious Mutt has a fundamental right to own and manage its property. Unless there is determination of excess land holding by appropriate authority, property of Mutt cannot be appropriated. Karnataka High Court.

  • 23-September-2024
  • Daksha Legal
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  Registration Act. Auction Sale Certificate is not compulsorily registrable document except the entry in Book-I. Transfer of title is not vitiated by non-registration of the Certificate. Karnataka High Court.

  • 21-September-2024
  • Daksha Legal
• 

  Hindu Adoption and Maintenance Act. Section 12. Adoption of a son after the death of her husband does not extinguish a widow's rights to her husband’s properties she has succeeded to. Karnataka High Court.

  • 20-September-2024
  • Daksha Legal
• 

  Order XXXVIII Rule 5 CPC. Unless it is established that the defendant is attempting to remove or dispose of the assets with the intention of defeating the decree, there cannot be an attachment before judgment. Karnataka High Court.

  • 20-September-2024
  • Daksha Legal
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  Compromise decree which provides for payment of money and does not comprise immovable property does not require registration or payment of stamp duty. Karnataka High Court.

  • 20-September-2024
  • Daksha Legal
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  Matka/gambling. Police officer shall obtain search warrant/permission before going to search and seize. Obtaining subsequent permission does not cure the illegality. Karnataka High Court.

  • 20-September-2024
  • Daksha Legal
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  Trademarks Act. Pendency of an application for rectification is not a condition precedent to exercise the power to stay the proceedings under Section 124 when the defendant has raised such an issue in the written statement. Karnataka High Court.

  • 20-September-2024
  • Daksha Legal