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  When delay in payment of the auction balance is caused by factors attributable to the auctioning authority such as dispute resolution, interest cannot be levied on the purchaser. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
• 

  Indian Telegraph Act. Mere laying of high-tension power transmission lines over private land does not amount to land acquisition but constitutes a statutory right of user. Disputes over sufficiency of compensation must be adjudicated under Section 16(3) by the District Judge, not through writ jurisdiction. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
• 

  Bombay Stamp Act. An agreement to sell an immovable property, wherein possession is transferred before execution of the sale deed constitutes a ‘deemed conveyance’ and is liable for stamp duty as a conveyance. Supreme Court.

  • 16-February-2025
  • Daksha Legal
• 

  For a suit to be barred under Order II Rule 2 CPC, it must be a fresh suit. A parallel suit with a different cause of action is maintainable. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
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  Hindu Law. Partition can take place only among persons having pre-existing right over property. Third party claiming right under an unregistered power of attorney cannot be allotted a share in a suit for partition. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
• 

  Karnataka Municipalities Act. The Deputy Commissioner does not have appellate jurisdiction to cancel Katha entries made by a Municipality. The power under Section 306 is limited to suspending municipal resolutions in emergent situations and cannot be invoked for private disputes over property records. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
• 

  Motor vehicles cases. Absence of a post-mortem does not automatically negate medical evidence proving the cause of death. Expert medical opinions can establish the link between injuries sustained in an accident and subsequent death. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
• 

  The District Caster Verification Committee has jurisdiction to verify caste certificates even for certificates issued before the enactment of 1992 Rules. Further, the Central Government employees are not exempted if their caste certificate was issued by a State authority. Karnataka High Court.

  • 15-February-2025
  • Daksha Legal
• 

  ''The right to health, including protection from preventable diseases, is part of the fundamental right to life under Article 21. The State and municipal authorities must take proactive measures to prevent outbreaks, and judicial intervention may be necessary if they fail to do so''. Karnataka High Court in suo motu PIL.

  • 15-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. Complainant must prima facie establish that the cheque was issued by the accused towards a legally enforceable debt. Failure to demonstrate this results in quashing of the complaint at the threshold. Karnataka High Court.

  • 14-February-2025
  • Daksha Legal
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  A plaintiff seeking recovery of possession of property alleging dispossession must establish the date and manner of dispossession from the property; failure to do so defeats the claim. Karnataka High Court.

  • 14-February-2025
  • Daksha Legal
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  Karnataka High Court directs name change process for children be facilitated through a simplified affidavit process in the Register of Births, incorporating safeguards to ensure authenticity and prevent potential misuse.

  • 14-February-2025
  • Daksha Legal