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Judgements
A suit for specific performance cannot be decreed if the plaintiff acknowledges the contract's termination by the defendant, unless the plaintiff also seeks and proves that the termination was invalid. Karnataka High Court.
18-July-2025
Daksha Legal
Electricity Act. A prior assessment of unauthorized electricity use is not a mandatory condition precedent for initiating criminal proceedings for theft of electricity. The Special Court constituted under the Act has the jurisdiction to determine both the civil and criminal liability in cases of electricity theft. Karnataka High Court.
18-July-2025
Daksha Legal
A subsequent land purchaser, after preliminary and final acquisition notifications, has no legal standing to challenge the acquisition proceedings since the purchase is void against the acquiring authority. His sole recourse is to claim compensation based on their vendor's title. Karnataka High Court.
18-July-2025
Daksha Legal
Karnataka Rent Act. An eviction petition for a landlord's bona fide requirement for reconstruction is valid even if the property was originally a vacant land on which the tenant built a shop. However, awarding damages to the landlord in such a petition is erroneous, as a tenant does not become a trespasser upon lease termination under the Act. Karnataka High Court.
18-July-2025
Daksha Legal
No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. Supreme Court.
17-July-2025
Daksha Legal
Where ancestral property of the original propositus devolves upon one of his sons through partition, his wife and daughter from the first marriage are each entitled to an equal share in the properties that devolved to the son's share. Karnataka High Court.
17-July-2025
Daksha Legal
Motor Vehicle insurance Cover notes are mere proposals valid for 60 days. Without premium payment and policy issuance, the insurance company is not liable. The claimant or vehicle owner must prove the policy's existence if the insurer disputes liability. Karnataka High Court.
17-July-2025
Daksha Legal
Minor discrepancies in a Will, like handwritten descriptions or date corrections, when the date in words is accurate, do not render it suspicious if the executant was of sound mind, lived for years after execution, and the disposition is without disinheriting legitimate heirs. Karnataka High Court.
17-July-2025
Daksha Legal
Abetment to commit suicide. A criminal conviction cannot be sustained based solely on the uncorroborated and inconsistent testimony of a single interested eyewitness, particularly when contradicted by other evidence, as it fails to meet the standard of proof beyond reasonable doubt, entitling the accused to the benefit of doubt. Karnataka High Court.
17-July-2025
Daksha Legal
Karnataka Land Revenue Act. The exclusive jurisdiction to pass or cancel an order of land conversion rests solely with the Deputy Commissioner. Tahsildar is devoid of the statutory power to issue a notice for the cancellation of a land conversion order. Karnataka High Court.
16-July-2025
Daksha Legal
Karnataka Municipalities Act. Under the amended Act, the Municipal authorities are legally obligated to record the transactions and levy tax on sites purchased even in unapproved layouts, and their failure to do so warrants a writ of mandamus. Karnataka High Court.
16-July-2025
Daksha Legal
Municipal authorities should hold their officers accountable for failing to prevent unauthorized constructions and initiate penal action against them. Karnataka High Court lays down guidelines to deal with unauthorised constructions.
16-July-2025
Daksha Legal
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