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  Where agricultural lands are submerged due to a government irrigation project without proper acquisition proceedings, the affected landowners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Karnataka High Court.

  • 05-February-2025
  • Daksha Legal
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  Amendment of pleadings. While counterclaims should generally be raised before framing of issues, in exceptional circumstances, such as a shift in legal precedent justify allowing amendments even at a later stage. Karnataka High Court.

  • 05-February-2025
  • Daksha Legal
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  A compromise decree operates as a contract between parties superimposed with judicial approval and can only be set aside if fraud, misrepresentation, or undue influence is proven. Further, a separate suit challenging a compromise decree is not maintainable under Order 23 Rule 3A CPC. The only remedy available is to approach the court that recorded the compromise decree. Karnataka High Court.

  • 05-February-2025
  • Daksha Legal
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  Once a property is notified as Waqf property under the Waqf Act, the notification is binding on all parties unless challenged within the stipulated time and in the manner prescribed under the Act. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. When an accused claims that a cheque book was stolen, the court cannot accept such a defense unless the accused can provide evidence to support it like filing a police complaint, which serves as proof of the alleged theft. Without such evidence, the defense of stolen cheque book cannot succeed. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
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  Karnataka Stamp Act. Stamp duty classification must be based on the express terms of the document and not on assumptions. A document cannot be classified as a ‘’sale agreement’’ unless it meets statutory requirements. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
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  Conversion of land under the Karnataka Land Revenue Act. If a government authority fails to act within the prescribed statutory timeline, the deeming fiction under Section 95(2) of the Karnataka Land Revenue Act, 1964 comes into effect, granting automatic approval. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
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  Government cannot retain private land without lawful acquisition. If the State enters into an agreement for land acquisition but later fails to initiate acquisition, it cannot retain possession indefinitely. Karnataka High Court directs removal of railway track if the acquisition is not initiated and completed.

  • 04-February-2025
  • Daksha Legal
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  Judgment on Admission. An admission must be clear, unambiguous, unconditional, and unequivocal. Any admission mixed with law or requiring inference does not qualify for a judgment under this provision. Supreme Court.

  • 03-February-2025
  • Daksha Legal
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  Willful failure to submit income tax returns. There is a presumption of a culpable mental state on the part of the accused. The accused has to rebut this presumption in accordance with the law. Karnataka High Court.

  • 03-February-2025
  • Daksha Legal
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  Transferee pendente lite though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. Supreme Court.

  • 03-February-2025
  • Daksha Legal
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  West Bengal Premises Tenancy Act. Municipal taxes payable by a tenant under Section 5(8) of the 1997 Act are part of the rent, and non-payment constitutes default in rent, justifying eviction. Supreme Court.

  • 03-February-2025
  • Daksha Legal