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  When a Constitutional Court quashes a legislation or a delegated legislation, the operation of such quashment transcends the parties to the lis and operates as against all others, who were not parties eo nomine or persons claiming under them. Karnataka HC

  • 20-December-2023
  • Daksha Legal
• 

  When a registered sale deed is sought to be avoided on the ground of fraud, simple suit for injunction without declaration is not maintainable. Karnataka High Court.

  • 19-December-2023
  • Daksha Legal
• 

  Civil suit seeking declaration of a property as Wakf property is not maintainable. Plaint in such a suit is liable to be rejected. Karnataka High Court.

  • 19-December-2023
  • Daksha Legal
• 

  There cannot be unilateral determination of liability for issuance of Recovery Certificate under Section 33 of the Wakf Act. Karnataka High Court.

  • 19-December-2023
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Deputy Commissioner cannot rely on report of the Assistant Director of Town Planning Authority without conducting enquiry under Section 95(2A) to consider application for conversion of land. Karnataka High Court.

  • 19-December-2023
  • Daksha Legal
• 

  In case of ‘Act Only Policy' which does not cover pillion rider with extra premium, liability cannot be fastened on the insurance company. Even the principle of ‘pay and recover‘ does not apply in such cases. Karnataka High Court.

  • 18-December-2023
  • Daksha Legal
• 

  Municipal Corporation can levy property tax only from the date of issuance of Occupancy Certificate. Karnataka High Court.

  • 18-December-2023
  • Daksha Legal
• 

  Municipal Corporation is bound to manage, control and protect Civic Amenity sites vested in it on execution of release deed by the layout owner. Karnataka High Court.

  • 18-December-2023
  • Daksha Legal
• 

  BBMP has no power to insist on building plan approval in respect of the industrial plot for which building plan is sanctioned by the Karnataka Industrial Areas Development Board. Karnataka High Court.

  • 18-December-2023
  • Daksha Legal
• 

  KIADB cannot unilaterally cancel allotment of industrial plot for non-implementation of the project in time when the delay is attributable to reasons beyond the control of the allottee. Karnataka High Court.

  • 18-December-2023
  • Daksha Legal
• 

  BBMP cannot insist on production of approved plan for the vacant site for the purpose of transfer of khata in the name of the purchaser. Karnataka High Court.

  • 16-December-2023
  • Daksha Legal
• 

  When the portion left in the layout plan for Ring Road, National Highway or Peripheral Road is not utilised for the said purpose and is diverted for other purpose, the landowner is entitled for TDR compensation. Karnataka High Court.

  • 16-December-2023
  • Daksha Legal