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  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
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  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
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  A civil suit cannot be decreed solely on the ground that the defendant failed to file a written statement; the plaintiff must establish claims with proper evidence. The Court must exercise subjective satisfaction and cannot grant a decree blindly without assessing the legal merits of the claim. Karnataka High Court.

  • 05-March-2025
  • Daksha Legal
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  Urban Land (Ceiling and Regulation) Repeal Act, 1999. Legal possession is valid only when it is documented through a duly executed panchanama. Mere vesting of the land would not confer any right on the State Government to have de facto possession of the vacant land. Supreme Court.

  • 05-March-2025
  • Daksha Legal
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  Criminal Law. A stay on a discharge order should be granted only in rare cases where the discharge is ex-facie perverse. The High Court’s power under Section 390 CrPC should prioritize bail over custody to protect personal liberty. Procedural fairness requires that an accused be heard before staying a discharge order. Supreme Court.

  • 05-March-2025
  • Daksha Legal
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  Resjudicata applies only when a former suit has been decided on the same cause of action, involving identical parties and issues. An ex-parte decree without substantive findings does not bar a subsequent suit where ownership and possession claims are distinct from prior proceedings. Karnataka High Court.

  • 05-March-2025
  • Daksha Legal
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  The State Government cannot unilaterally transfer staff in aided institutions without consultation. Section 133 of the Karnataka Education Act does not override this requirement. Withholding salaries to enforce compliance violates Article 23 of the Constitution and constitutes forced labor. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Trial court has the discretion under Order XXVI Rule 9 CPC to appoint a Court Commissioner suo moto if it deems local investigation necessary for better appreciation of evidence. Such an appointment, even after reserving judgment, is not illegal and does not amount to reopening the case. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  MMDR Act, 1957 and the Forest (Conservation) Act, 1980. Mining operations in forest land require a valid Forest Clearance which vests in the new lessee only for two years post-auction. Upon expiry, fresh clearance is mandatory, and failure to obtain it justifies cessation of mining operations by the authorities. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. A complainant, though not considered a 'victim' under Section 2 (wa) of CrPC, has the statutory right to file an appeal against acquittal before the Sessions Court without approaching the High Court. Karnataka High Court.

  • 04-March-2025
  • Daksha Legal
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  Indian Partnership Act, 1932. Once a partner contributes property to a partnership firm, it becomes the firm’s exclusive asset. Legal heirs of a deceased partner do not inherit specific partnership property but only the partner’s share in the firm. Supreme Court.

  • 04-March-2025
  • Daksha Legal
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  Maharashtra Slum Areas Act, 1971. Eviction notices for sanctioned redevelopment projects can't be challenged unless there's gross illegality or procedural error. Ineligible occupants, like transit camp tenants, are not entitled to rehabilitation benefits, and settled administrative decisions can't be reopened through repeated litigation. Supreme Court.

  • 05-March-2025
  • Daksha Legal