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  Karnataka Protection of Interest of Depositors in Financial Establishments Act. Proceedings for attachment of property does not require a prior criminal case or naming as accused in a charge sheet. Special Court has jurisdiction to examine whether a property transfer was made in good faith or for proper consideration irrespective of the status of any related criminal proceedings. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  When a property is exclusively used or intended for residential apartments, the association of apartment owners must be formed and registered under the specific provisions of the Karnataka Apartment Ownership Act and not under the more general Karnataka Co-operative Societies Act. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  An irrevocable General Power of Attorney, where full sale consideration for the property has been received by the principal, cannot be unilaterally terminated. Consequently, a party cannot seek temporary injunction based on such an attempted unilateral termination. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Proceedings under Sections 79A and 79B cannot be initiated in respect of the transactions occurred prior to the enactment of the sections. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Family Courts should liberally allow an amendment to include a prayer for permanent alimony in a matrimonial petition, even at a later stage, as permanent alimony is a relief incidental to the main prayer for dissolution of marriage. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Order of injunction restraining alienation or interference with possession in a suit challenging a registered sale deed on grounds of misrepresentation or non-receipt of consideration should be denied when complex factual issues necessitate a full trial, especially if there is a significant delay in filing the suit and the plaintiffs' interests regarding subsequent alienations are adequately protected by the doctrine of lis pendens. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Contract employees also have right to maternity benefits. Such right is rooted in the constitutional mandate under Article 42 and strengthened by international conventions unless the policy expressly excludes them in a manner consistent with constitutional and international obligations. Orissa High Court.

  • 04-July-2025
  • Daksha Legal
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  A voluminous complaint and detailed, tailor-made chargesheet alone are insufficient to establish criminality if the fundamental ingredients of the offense are lacking. In such cases, the complaint and chargesheet are liable to be quashed. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Land Acqusition Act. A final notification is unsustainable if the State Government fails to duly consider the report submitted by the Special Land Acquisition Officer under Section 5A(2) and the objections filed by the landowners. The preliminary notification may remain valid, allowing the State to restart the acquisition process from the stage of Section 5A. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
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  A person from the 'Veerashaiva Lingayat' community cannot claim the benefits of the 'Beda Jangama' Scheduled Caste. Mere grant of 'Beda Jangama' Certificate to a member of the family would not permit issuance of certificate to other claimant if they belong to 'Veerashaiva Lingayat' Community. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
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  Bharatiya Nagarik Suraksha Sanhita. High Court has no revisional or appellate power over the discretionary order of grant of bail even in heinous offences. Grave and serious error while granting bail can be corrected only under Article 227 of the Constitution of India. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
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  An agreement to sell land, even if executed during a statutory non-alienation period, is valid and enforceable if it explicitly defers the execution of the sale deed until after the non-alienation period expires, as such an agreement does not constitute a 'transfer' or 'sale' in violation of the restriction. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal