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  Criminal proceedings for pre-marital rape under the POCSO Act cannot be quashed when the allegations disclose the commission of the offences. Karnataka High Court dismisses the husband’s petition challenging charges of voyeurism, rape, and cruelty.

  • 19-August-2025
  • Daksha Legal
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  POCSO Act. ‘Penetrative sexual assault provision applies equally to men and women. The archaic notion that a woman is merely passive in intercourse and a man active is liable to be rejected under modern jurisprudence.’ Karnataka High Court while dismissing the plea of a woman accused of sexually assaulting a minor boy.

  • 19-August-2025
  • Daksha Legal
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  Karnataka Civil Rules of Practice. A party to the suit is entitled to receive a certified copy of a document that has been produced along with the plaint, regardless of whether the document has been formally admitted into evidence. Karnataka High Court.

  • 19-August-2025
  • Daksha Legal
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  Amendment by substitution to restore property tax exemption has retrospective effect and no demand can be raised for the interregnum period. Karnataka High Court.

  • 19-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. A non-signatory to an agreement that gives rise to arbitration proceedings has no right to participate or remain present in the proceedings. Supreme Court.

  • 19-August-2025
  • Daksha Legal
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  The Protection of Children from Sexual Offences (POCSO) Act is gender-neutral, and offences under Sections 4 and 6 can be invoked against women as well. The Karnataka High Court dismisses petition filed by a woman accused of sexually abusing a minor boy.

  • 18-August-2025
  • Daksha Legal
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  A plaint is liable to be rejected if the suit seeks to re-adjudicate issues that have already been conclusively decided in prior litigation between the same parties or their privies. A probate, when granted by a competent court, is conclusive as to the validity and due execution of the Will, and a subsequent suit challenging the same on grounds already litigated is not maintainable. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Tahsildar is only a receiving officer as regards any application for regularization of land to be placed before the Committee. He has no power to reject the application. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. ‘Pot Kharab (a)’ also belongs to the owner and cannot be treated as a separate and distinct parcel of land. The conversion fee for such land cannot be levied at the market rate as a separate entity. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Arbitral Tribunal is the final arbiter of the disputes and an Arbitrator’s interpretation of the contractual terms are not liable to be interfered with, unless the court finds that no reasonable person could possibly hold the said view. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. A mortgagee in possession of a property cannot be considered a ‘deemed tenant’. An order of a Land Tribunal granting occupancy rights to a person who is a mortgagee is contrary to the law. Karnataka High Court.

  • 16-August-2025
  • Daksha Legal
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  A court cannot grant police protection to enforce a status quo order without first making a judicial determination of its violation. When facts and evidence are unclear, the Court should not delegate its responsibility to an external investigating or law enforcement agency, as this would confer upon such authority a jurisdiction it does not lawfully hold. Karnataka High Court.

  • 16-August-2025
  • Daksha Legal