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  A sale under the Transfer of Property Act is complete only upon registration of the sale deed. A person claiming title under an unregistered sale agreement or deed cannot challenge an auction sale conducted under SARFESI Act. Supreme Court.

  • 15-January-2025
  • Daksha Legal
• 

  A person who has not filed an election petition but is arrayed as a respondent cannot seek transposing as the election petitioner alleging collusion between the election petitioner and the successful candidate. Karnataka High Court.

  • 15-January-2025
  • Daksha Legal
• 

  Tender. The power of judicial review vested with Constitutional Courts in contractual matters is not one of an appeal but is only to excise power to ascertain if there is no wrongdoing by the executive. Karnataka High Court.

  • 15-January-2025
  • Daksha Legal
• 

  Section 4 of the Limitation Act, (expiry of the prescribed period when the court is closed), is applicable to an application under Section 34 of the Arbitration and Conciliation Act only for the initial three-month period. It does not extend to the additional thirty-day period. Supreme Court.

  • 15-January-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Undivided interest of an applicant in the family holding shall also be taken into consideration for determining regularisation of unauthorised occupation under 94A. Karnataka High Court.

  • 13-January-2025
  • Daksha Legal
• 

  Once the land falls within the Corporation area, Planning Authority cannot insist on change in the revenue documents under the Karnataka Land Revenue Act for sanction of development/modified plan. Karnataka High Court.

  • 13-January-2025
  • Daksha Legal
• 

  The active involvement of beneficiaries in the preparation of a Will is a significant factor that can raise suspicions about the document's authenticity and potentially discredit it. Karnataka High Court.

  • 13-January-2025
  • Daksha Legal
• 

  Tender. The fact that some bidders may be disqualified due to certain tender conditions does not render those conditions arbitrary or unreasonable, unless it can be shown that the conditions unfairly favour a specific bidder or group of bidders. Karnataka High Court.

  • 13-January-2025
  • Daksha Legal
• 

  Karnataka Municipalities Act. Municipal Council can demand Betterment Fee only when it makes an Improvement Scheme and opines that the property owner could gain from such Improvement Scheme. Karnataka High Court.

  • 13-January-2025
  • Daksha Legal
• 

  Merely designating private land as a forest under forest legislation does not automatically convert it into government land or a reserved forest. Karnataka High Court.

  • 11-January-2025
  • Daksha Legal
• 

  Recovery of Debts Due to Banks and Financial Institutions Act. Partial release of an equitable mortgage by the creditor bank from a co-surety is legally valid and cannot be questioned by the principal debtor. Karnataka High Court.

  • 11-January-2025
  • Daksha Legal
• 

  Changing the name of the allottee does not constitute a breach of the Lease-cum Sale agreement for land allotted to establish an industry. A government entity's contrary view would be deemed unreasonable. Karnataka High Court.

  • 10-January-2025
  • Daksha Legal