Judgements

State Tax Officers under the KGST Act are cross-empowered under the IGST Act to act as proper officers without the need for a separate notification unless explicitly excluded by the Government of India. In GST-related disputes, alternative remedy under Section 107 of the KGST Act must be exhausted unless there is a jurisdictional challenge. Karnataka High Court.

12-March-2025

Daksha Legal
Karnataka Stamp Act. Recovery of unpaid or short-paid stamp duty must be initiated within five years from the date of document registration. In cases of fraud, collusion, or willful misstatement, the period extends to ten years. Any proceedings initiated beyond these limitation periods are barred by law and cannot be enforced. Karnataka High Court.

12-March-2025

Daksha Legal
Karnataka Gram Swaraj and Panchayat Raj Act. Minor procedural flaws do not invalidate a no-confidence motion if the essential legal requirements are met. A distinction exists between illegality, which violates a fundamental principle of law, and irregularity, which involves a deviation from established procedures that can be remedied. Karnataka High Court.

12-March-2025

Daksha Legal
Karnataka Municipalities (President & Vice-President) Election Rules. The requirement of seven days’ prior notice for elections does not mandate exclusion of the first and last days under the General Clauses Act. Karnataka High Court.

12-March-2025

Daksha Legal
Salary of a legal heir appointed on compassionate grounds does not form part of the deceased’s estate and cannot be attached for recovering debts incurred by the deceased. Liability for such debts is limited to the property inherited, and coercive recovery from the legal heir’s independent earnings is impermissible under Rule 37(1) of the Karnataka Co-operative Societies Rules, 1960. Karnataka High Court.

11-March-2025

Daksha Legal
Hindu Succession Act. A registered partition executed and acted upon prior to coming into force of the amendment to Section 6 of the Hindu Succession Act, 1956 would be saved requiring the plaint in a suit for partition rejected under Order VII Rule 11 of CPC. Karnataka High Court.

11-March-2025

Daksha Legal
Inordinate delay in land acquisition appeals requires valid justification. Mere plea of illiteracy or ignorance is insufficient. Prior compensation awards are not binding precedents unless land similarity is proven. Compensation enhancement must be based on independent valuation evidence. Karnataka High Court.

11-March-2025

Daksha Legal
Service Law. Termination of a probationer simpliciter is valid when the order merely mentions unsatisfactory performance and does not carry stigma. Previous complaints and actions taken thereon are immaterial if the termination order does not refer to them. Karnataka High Court.

11-March-2025

Daksha Legal
Indian Succession Act. In probate revocation proceedings, transposition of necessary parties is permissible. Limitation in such cases is a mixed question of law and fact and must be determined at the stage of final adjudication rather than during transposition. Karnataka High Court.

10-March-2025

Daksha Legal
A civil court has jurisdiction to entertain a suit for caste declaration when the plaintiff is not claiming reservation benefits. Karnataka High Court.

10-March-2025

Daksha Legal
A person who receives money or assets for investment purposes and misappropriates the same commits an offense under Section 409 IPC, even if he is not a registered broker. Stock market fraud cases involving unregistered individuals do not fall under the exclusive jurisdiction of the SEBI Act, and prosecution under IPC is valid. Karnataka High Court.

10-March-2025

Daksha Legal
An intra-court Writ Appeal is not a statutory appeal from an inferior to a superior court and it is an appeal between coordinate benches within the same High Court. One bench cannot issue a writ to another within the same High Court. Supreme Court.

10-March-2025

Daksha Legal

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