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Judgements
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
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
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
Set Top Boxes qualify as ‘goods’ under the KVAT Act, and their transfer to subscribers for a fee constitutes a ‘sale’. The Karnataka GST Act, 2017, does not nullify past VAT liabilities, and retrospective taxation through government notification is legally valid. Karnataka High Court.
20-February-2025
Daksha Legal
Karnataka Land Revenue Act. There is no requirement of obtaining prior permission under the Karnataka SC/ST (PTCL) Act for conversion of lands granted to persons belong to SC/ST. Karnataka High Court.
19-February-2025
Daksha Legal
When change of land use from the Outline Development Plan is granted under the Karnataka Town and Country Planning Act, the Deputy Commissioner cannot reject conversion of land under the Karnataka Land Revenue Act. Karnataka High Court.
19-February-2025
Daksha Legal
If an acquiring authority fails to take possession of the land and does not issue the award notice within a reasonable time, particularly after three decades, the land acquisition proceedings lapse. Mere issuance of notifications and deposit of compensation belatedly does not validate an acquisition that has effectively been abandoned. Karnataka High Court.
19-February-2025
Daksha Legal
Intra-court writ appeals are maintainable when challenging administrative or statutory orders, even if the party invokes Article 227 of the Constitution of India. The power exercised in such cases falls under Article 226. Karnataka High Court.
19-February-2025
Daksha Legal
When parties enter into a new agreement that replaces or novates a prior contract, the arbitration clause in the original agreement ceases to exist. Karnataka High Court.
19-February-2025
Daksha Legal
Land acquisition lapses under Section 11A of the 1894 Act if the award is not made within two years. Lapse of acquisition occurs automatically by operation of law when statutory conditions are not met. Karnataka High Court.
18-February-2025
Daksha Legal
A plaint in a partition suit cannot be rejected on the ground of limitation since a co-parcener’s right to seek partition of ancestral property cannot be barred by limitation unless exclusion is proved. Karnataka High Court.
18-February-2025
Daksha Legal
Negotiable Instruments Act. Once the issuance of a cheque is admitted, the presumption under Section 139 applies, and the burden shifts to the accused to prove the absence of liability. A legal notice sent to the correct address, if returned unclaimed, is deemed served under Section 27 of the General Clauses Act. Karnataka High Court.
18-February-2025
Daksha Legal
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