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Daksha Legal
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2026
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Judgements
General Clauses Act. When the last date for filing a quarry lease renewal application falls on a Sunday or any public holiday, the statutory period for submission automatically extends to the next working day. Rejection of an application filed on the next working day is unsustainable. Karnataka High Court.
14-October-2025
Daksha Legal
Karnataka Town and Country Planning Act. Requirement of obtaining approval for a single plot layout under Section 17 is prospective and does not apply to lands developed and established prior to declaration of the area as Local Planning Area. Karnataka High Court.
13-October-2025
Daksha Legal
Arbitration and Conciliation Act. When a suit involves a dispute governed by an arbitration clause in an agreement between the parties, the Civil Court's jurisdiction is ousted. The court must return the plaint even if the suit includes prayers like declaration and injunction or redemption of mortgage. Karnataka High Court.
13-October-2025
Daksha Legal
A suit for partition based on the continued existence of joint family property is liable to be dismissed when the evidence demonstrates that the family's joint status was severed by prior partial partitions and by the subsequent division of the remaining properties under a Will executed by the propositus. Karnataka High Court.
13-October-2025
Daksha Legal
Once an order of regrant under the Karnataka Certain Inams Abolition Act attains finality, the Civil Court’s jurisdiction to review or revisit it is impliedly barred. The Court retains jurisdiction to grant reliefs such as declaration or injunction based on the finalized regrant order. Karnataka High Court.
13-October-2025
Daksha Legal
Karnataka Village Offices Abolition Act. When Inam lands are re-granted by the government to the senior-most male member of the family, such re-grant is presumed to enure to the benefit of all the members of the joint family. Karnataka High Court.
13-October-2025
Daksha Legal
An application for amendment of pleadings may be permitted even after the commencement of trial if facts have come to light during the trial and the amendment is necessary for effectively determining the real issues in controversy between the parties. Karnataka High Court.
11-October-2025
Daksha Legal
The eligibility of land for regularization of unauthorized occupation, in relation to the prescribed prohibited distance from a local authority’s boundary, must be determined with reference to the geographical boundary and legal status as they existed on the date of filing the original application, and not as on the date of its consideration. Karnataka High Court.
11-October-2025
Daksha Legal
Karnataka Court Fee and Suit Valuation Act. Unless the plaintiff himself admits ouster, a suit for partition by a co-parcener must be valued under Section 35(2), based on the statutory presumption of joint possession regardless of any contrary claims or assertion of exclusive title/possession raised by the defendants in their written statement. Karnataka High Court.
10-October-2025
Daksha Legal
The utilization of private land by the State for a public purpose without following due process of acquisition constitutes a violation of the landowner’s constitutional right to property guaranteed under Article 300-A of the Constitution. In such circumstances, the Court is duty-bound to direct the State to initiate compulsory acquisition proceedings in accordance with law and ensure payment of just and fair compensation for the land so appropriated. Karnataka High Court.
10-October-2025
Daksha Legal
Arbitration and Conciliation Act. Statutory bar against specific performance of a contract of personal service under Section 14(1)(b) of the Specific Relief Act is a substantive legal principle that equally binds Arbitral Tribunals, thereby precluding them from granting the relief of reinstatement. Karnataka High Court.
11-October-2025
Daksha Legal
Indian Stamp Act. When the principal himself executes a Security Bond-cum-Mortgage Deed to secure his own obligations, the instrument satisfies all the essential requirements of a mortgage deed and cannot be treated merely as a security bond. Supreme Court.
10-October-2025
Daksha Legal
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