Judgements

Rejection of plaint. Mere suit for declaration without consequent prayer for recovery of possession is not maintainable. Such plaint is liable to be rejected. Karnataka High Court.

01-April-2025

Daksha Legal
BDA scheme for residential apartments. Purchaser of a residential property is liable to pay GST if booking is made prior to completion of construction. Karnataka High Court.

01-April-2025

Daksha Legal
Once a property is brought under BBMP limits, the Karnataka Land Revenue Act ceases to apply. Denial of a consolidated Khatha on the ground of non-conversion of the land is not sustainable. Karnataka High Court.

01-April-2025

Daksha Legal
Commercial Courts Act. Suit for ejection in respect of a commercial premises with prayer for award of mesne profit falls within the jurisdiction of commercial court under Section 2(1)(c)(vii). Karnataka High Court.

29-March-2025

Daksha Legal
Prevention of Money Laundering Act. For issuance of summons, the person need not be an accused in the schedule offence as long as the predicate offence is pending in jurisdictional Court for which summoning has been done for recording evidence or production of documents during the course of investigation or proceedings under the Act. Karnataka High Court.

29-March-2025

Daksha Legal
Compensation awarded for the acquisition of agricultural land is not subject to taxation under the Income Tax Act. Any deduction of TDS without proper classification of the land as non-agricultural is illegal. Karnataka High Court.

29-March-2025

Daksha Legal
Arbitration and Conciliation Act. A neutral venue mutually agreed upon by the parties does not need to have jurisdiction in the traditional sense. Even if no part of the cause of action arises at the chosen venue, arbitration proceedings may still be held there, and the courts at that venue will have jurisdiction over matters related to the arbitral award. Karnataka High Court.

29-March-2025

Daksha Legal
In matrimonial disputes, criminal proceedings under Section 498A IPC cannot be sustained based on vague, omnibus allegations, particularly against aged in-laws living separately. Unexplained delay in filing an FIR casts doubt on the credibility of allegations. Karnataka High Court.

29-March-2025

Daksha Legal
Karnataka Land Revenue Act. A survey officer cannot arbitrarily modify or alter land boundaries or resolve ownership disputes. If disputes arise, they must be referred to a Civil Court rather than resolved administratively. Karnataka High Court.

28-March-2025

Daksha Legal
Karnataka Municipalities Act. A demand notice for property tax is invalid if issued without following the procedure which mandates prior assessment, notice, and opportunity to object. Tax authorities must adhere to statutory requirements before enforcing tax liabilities. Karnataka High Court.

27-March-2025

Daksha Legal
Companies Act. Sale of property by Company in liquidation, post the commencement of the winding up proceedings, is statutorily void and the same cannot be validated by the Company Court. Karnataka High Court.

28-March-2025

Daksha Legal
When conciliation process fails, Micro and Small Enterprises Facilitation Council cannot straightaway pass an award without referring the matter to arbitration. Karnataka High Court.

28-March-2025

Daksha Legal

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