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  Negotiable Instruments Act. A cheque issued towards repayment of a time-barred debt is legally enforceable if accompanied by a written acknowledgment of liability. A settlement agreement acknowledging debt and issuing fresh cheques revives liability, making dishonour actionable. Karnataka High Court.

  • 28-March-2025
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. A grandfather purchasing property in the name of his grandson does not give rise to a fiduciary relationship as per Section 4(3). Therefore, the grandfather cannot reclaim the property from the grandson. Karnataka High Court.

  • 27-March-2025
  • Daksha Legal
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  Criminal proceedings under Sections 498A, 494 IPC are liable to be quashed if filed beyond the limitation period under Section 468 Cr.P.C. Mere allegations without concrete proof of a second marriage or direct involvement of accused relatives amount to an abuse of process, warranting relief under Section 482 Cr.P.C. Karnataka High Court.

  • 27-March-2025
  • Daksha Legal
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  Once land is converted under Section 95(2) of the Karnataka Land Revenue Act, it no longer falls within the purview of the PTCL Act, and no further permission under Section 4(2) of the PTCL Act is required. Consequently, revenue authorities lack jurisdiction to initiate or continue resumption proceedings on such land. Karnataka High Court.

  • 27-March-2025
  • Daksha Legal
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  Gift. Delivery of possession is not sine qua non to validate a gift or settlement. For the gift to be valid, it is sufficient if it is proved that the same was acted upon during the lifetime of the executant. Supreme Court.

  • 27-March-2025
  • Daksha Legal
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  When Deputy Commissioner grants approval of land conversion without conditions requiring further subdivision approval, the Municipality cannot refuse a khata for the portion of land purchased by the applicant. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  In a suit based on a promissory note, the agreed rate of interest must be honored under Section 79 of the Negotiable Instruments Act until the suit's filing. Courts lack discretion to alter pre-suit interest rates. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  Criminal Procedure Code. Police notices under Section 41(A) cannot be served through WhatsApp, as it does not ensure proper legal service. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. A joint complaint under Section 138 is not maintainable, but if one complainant withdraws his claim, the defect is curable. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  A registered gift deed, once validly executed and accepted, cannot be unilaterally revoked by the donor. Any subsequent transfer of the same property by the donor is legally void. Supreme Court.

  • 26-March-2025
  • Daksha Legal
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  A landowner whose property is acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act is entitled to rehabilitation and resettlement benefits as an affected family regardless of whether the acquisition affects his primary livelihood. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. An arbitral award can be set aside only when it is patently illegal, in conflict with public policy or violates fundamental legal principles. Allegations of fraud do not automatically render a dispute non-arbitrable unless they involve serious criminal wrongdoing requiring extensive judicial investigation. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal