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  Stamp duty must be levied solely based on the content of the sale deed and not inferred from extraneous factors. Indian law recognizes dual ownership of land and structures, and unless explicitly conveyed, built-up areas cannot be included in the valuation of a land sale deed. Karnataka High Court.

  • 22-February-2025
  • Daksha Legal
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  When a party secures a favorable order by providing an undertaking to the court but subsequently fails to comply with it, the court has the power under Order 47 Rule 1 CPC to review and recall its order, as non-compliance constitutes a sufficient reason for invoking the review jurisdiction. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal
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  A wife who is proven to be living in adultery or has voluntarily refused to live with her husband without sufficient cause is not entitled to maintenance under Sections 125 of the Criminal Procedure Code. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal
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  ‘’State practising exploitation of human labour should by judicial orders, be curbed’’. Karnataka High Court orders regularisation of employees who worked for three decades without being regularised.

  • 22-February-2025
  • Daksha Legal
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  Retailers or showroom owners cannot be prosecuted under the Insecticides Act, 1968, for selling a substandard product unless it is proven that they had knowledge of its defective nature or were responsible for its manufacture or quality control. Criminal liability under the Act requires mens rea, and prosecution should be limited to persons directly responsible for the product's quality and distribution. Karnataka High Court.

  • 22-February-2025
  • Daksha Legal
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  A relinquishment deed, being a compulsorily registerable document under Section 17 of the Registration Act, 1908, cannot be marked in evidence unless duly registered, as it directly affects ownership rights. Unregistered documents may only be considered for collateral purposes but cannot be relied upon to establish substantive property rights. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal
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  Disciplinary proceeding initiated after inordinate and unexplained delay stands vitiated due to prejudice caused to the employee. Further, when multiple employees are involved in the same misconduct, the penalty imposed must be proportionate and maintain parity. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal
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  A premature filing under Section 11(5) of the Arbitration and Conciliation Act, 1996 does not render the petition invalid if the statutory period of 30 days has elapsed before adjudication. The purpose of this provision is to afford reasonable time to the opposing party, and if that time has passed without compliance, the court is empowered to appoint an arbitrator. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. When a signed cheque is voluntarily issued, even if blank, it raises a presumption that it was issued for a legally enforceable debt. The accused must provide probable evidence to rebut this presumption, and mere denial or unsubstantiated claims of cheque misuse are insufficient. Karnataka High Court.

  • 20-February-2025
  • Daksha Legal
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  Revenue authorities are legally bound to reflect civil court injunction orders in the ‘other rights’ column of land records under Section 127(1)(b) of the Karnataka Land Revenue Act. The refusal to do so on the ground that State is not a party to the suit is untenable and contrary to judicial principles. Karnataka High Court.

  • 20-February-2025
  • Daksha Legal
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  BBMP cannot demand improvement expenses for layouts approved by BDA or other planning authorities. A formal transfer to the local authority is not required for exemption once BDA approval is obtained. Karnataka High Court.

  • 20-February-2025
  • Daksha Legal
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  Corporation cannot compel landowners to accept Development Rights Certificates as compensation for land acquisition. Acquisition must follow land acquisition laws and payment of compensation. Karnataka High Court.

  • 20-February-2025
  • Daksha Legal