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  When parties enter into a new agreement that replaces or novates a prior contract, the arbitration clause in the original agreement ceases to exist. Karnataka High Court.

  • 19-February-2025
  • Daksha Legal
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  Land acquisition lapses under Section 11A of the 1894 Act if the award is not made within two years. Lapse of acquisition occurs automatically by operation of law when statutory conditions are not met. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
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  A plaint in a partition suit cannot be rejected on the ground of limitation since a co-parcener’s right to seek partition of ancestral property cannot be barred by limitation unless exclusion is proved. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. Once the issuance of a cheque is admitted, the presumption under Section 139 applies, and the burden shifts to the accused to prove the absence of liability. A legal notice sent to the correct address, if returned unclaimed, is deemed served under Section 27 of the General Clauses Act. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
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  When delay in payment of the auction balance is caused by factors attributable to the auctioning authority such as dispute resolution, interest cannot be levied on the purchaser. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
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  Indian Telegraph Act. Mere laying of high-tension power transmission lines over private land does not amount to land acquisition but constitutes a statutory right of user. Disputes over sufficiency of compensation must be adjudicated under Section 16(3) by the District Judge, not through writ jurisdiction. Karnataka High Court.

  • 18-February-2025
  • Daksha Legal
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  Bombay Stamp Act. An agreement to sell an immovable property, wherein possession is transferred before execution of the sale deed constitutes a ‘deemed conveyance’ and is liable for stamp duty as a conveyance. Supreme Court.

  • 16-February-2025
  • Daksha Legal
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  For a suit to be barred under Order II Rule 2 CPC, it must be a fresh suit. A parallel suit with a different cause of action is maintainable. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
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  Hindu Law. Partition can take place only among persons having pre-existing right over property. Third party claiming right under an unregistered power of attorney cannot be allotted a share in a suit for partition. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
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  Karnataka Municipalities Act. The Deputy Commissioner does not have appellate jurisdiction to cancel Katha entries made by a Municipality. The power under Section 306 is limited to suspending municipal resolutions in emergent situations and cannot be invoked for private disputes over property records. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
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  Motor vehicles cases. Absence of a post-mortem does not automatically negate medical evidence proving the cause of death. Expert medical opinions can establish the link between injuries sustained in an accident and subsequent death. Karnataka High Court.

  • 17-February-2025
  • Daksha Legal
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  The District Caster Verification Committee has jurisdiction to verify caste certificates even for certificates issued before the enactment of 1992 Rules. Further, the Central Government employees are not exempted if their caste certificate was issued by a State authority. Karnataka High Court.

  • 15-February-2025
  • Daksha Legal