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  Caste verification committees are the final fact-finding authorities, and judicial review is limited to cases of procedural irregularity or manifest error. Karnataka High Court.

  • 10-March-2025
  • Daksha Legal
• 

  A probate proceeding under the Indian Succession Act, 1925, even when contested, remains distinct from a regular civil suit and is limited to determining the validity of the Will. The probate court does not have jurisdiction to decide partition, title, or mesne profits, and such claims must be pursued in a separate civil suit. Karnataka High Court.

  • 08-March-2025
  • Daksha Legal
• 

  Though a Hindu Will is not required to be probated, there is no bar as to applying for or obtaining a probate of such a Will. Karnataka High Court.

  • 08-March-2025
  • Daksha Legal
• 

  Land acquisition. Compensation for acquired land must reflect its market potential and proximity to developed areas. Comparable sale transactions serve as reliable indicators of fair valuation, with reasonable deductions for development costs. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
• 

  A Disciplinary Authority cannot withhold 100% of pension and gratuity unless legally justified. Arbitrary withholding of pensionary benefits violates fundamental rights and entitles the petitioner to full restoration with interest. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
• 

  Indian Succession Act. Sole legatee, by necessary implication can act as an executor of a Will and can apply for grant probate of Will. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
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  Proceedings under the State Financial Corporations Act must be initiated within three years from the date of demand notice. Mere invocation of a guarantee deed does not extend the limitation period unless there is an acknowledgment of debt. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
• 

  Writ jurisdiction. Mere existence of the disputed question of fact, by itself, does not take away the jurisdiction of the writ court in granting appropriate relief where the facts are disputed merely to create a ground for the rejection of the writ petition. Supreme Court.

  • 06-March-2025
  • Daksha Legal
• 

  Prevention of Corruption Act. The validity of sanction under Section 19 is a matter for trial to be decided during trial and cannot be quashed under Section 482 CrPC unless there is a fundamental procedural irregularity. Public servants manipulating government records for illegal gains commit criminal misconduct under Sections 13(1)(c) and 13(1)(d), and mere delay in filing an FIR does not vitiate corruption proceedings. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
• 

  Caste Certificate. A third party challenging a caste certificate must demonstrate direct legal injury or impact. Once issued, a caste certificate enjoys a presumption of validity, and the burden of proof lies on the challenger to provide substantial evidence. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
• 

  Trial court has no power to determine stamp duty and penalty on insufficiently stamped documents. Such matters must be referred to the District Registrar, who alone has the power to assess and certify compliance. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act. A private land cannot be declared as an unrecorded habitation without verifying ownership and following due process. The landowner must be given a fair hearing before such classification, and merely showing settlements on a Google Map does not justify reclassification. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal