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  Karnataka Stamp Act. Refundable security deposit stipulated in a lease deed does not constitute ‘money advanced in addition to the rent reserved’. Stamp duty on the lease deed must be calculated solely on the basis of the rent reserved, excluding the refundable security deposit. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Once a party to an arbitration agreement has elected to pursue a judicial remedy by filing a suit before a jurisdictional Civil Court, he is deemed to have waived his right to arbitrate. Application under Section 11 is not maintainable even if the suit is later dismissed. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
• 

  Motor Vehicles Act. Assessment of the notional income for a minor must be based on the minimum wages payable to a skilled worker. Burden of furnishing the applicable minimum wage data rests on the insurance company if the claimant fails to produce it. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
• 

  Karnataka Forest Act. A land cannot be treated as ‘forest land’ unless a statutory notification under Section 4 has been duly issued to constitute it as a reserved forest. Mere preparation of statement transferring the land to the Forest department will not take away the right of the landowner. Karnataka High Court.

  • 13-November-2025
  • Daksha Legal
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  A challenge to a Will must be instituted within three years from the date on which the cause of action first arises, namely, the date on which the plaintiffs first acquire knowledge of the said Will. A suit instituted decades after the execution of the Will to question its validity is manifestly barred by limitation. Karnataka High Court.

  • 13-November-2025
  • Daksha Legal
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  The State and its instrumentalities are not exempt from the rigours of the Limitation Act and cannot seek condonation of inordinate delay, even in matters involving public property, when the delay stems from laches, negligence, or a callous attitude, as proof of ‘sufficient cause’ and bona fides remains essential. Karnataka High Court.

  • 13-November-2025
  • Daksha Legal
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  Limited Liability Partnership Act. Disputes between partners arising out of a Limited Liability Partnership Agreement are statutorily and compulsorily referable to arbitration as per the provisions of the Arbitration and Conciliation Act, even if the Agreement does not contain an arbitration clause. Karnataka High Court.

  • 13-November-2025
  • Daksha Legal
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  Rent Control legislation. A tenant's failure to pay the fair rent fixed by the Rent Controller for a prolonged period, despite having neither sought nor obtained a stay of the fixation order from the appellate or revisional forum constitutes ‘wilful default,’ justifying an order of eviction. Supreme Court.

  • 13-November-2025
  • Daksha Legal
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  Land Acquisition. When a civil suit is pending or multiple claimants assert rights over the acquired land, the Special Land Acquisition Officer must pass a general award and deposit the compensation amount before the reference court. Award cannot be delayed for prolonged period quoting pendency of civil disputes. Karnataka High Court.

  • 12-November-2025
  • Daksha Legal
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  Doctrine of Finality. Land Acquisition. A highly belated appeal by the legal heirs is not maintainable when the deceased claimant had accepted the enhanced compensation and failed to seek further enhancement within the limitation period during his lifetime. Karnataka High Court.

  • 12-November-2025
  • Daksha Legal
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  Industrial Disputes Act. Bangalore Metro Rail Corporation Limited is a 'Railway Company' under Sectin 2(o) and the Central Goverment is the 'appropriate Government' under Section 2(a). State Govt has no power to declare BMRCL as a 'public utility service'under Section 2(n). Karnataka High Court.

  • 12-November-2025
  • Daksha Legal
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  Specific Relief Act. Unilateral termination of a non-terminable sale agreement is a breach by repudiation. The purchaser need not seek a separate declaration the invalidity of the termination to maintain a suit for specific performance. Supreme Court.

  • 12-November-2025
  • Daksha Legal