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  While an unpaid vendor’s usual remedy is to sue for the sale consideration, if the validity of the instrument is challenged and the transaction is alleged to be voidable on grounds of fraud or misrepresentation, a suit for declaration and cancellation is a recognized course. The existence of such a triable issue justifies the grant of a temporary injunction. Karnataka High Court.

  • 11-August-2025
  • Daksha Legal
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  A civil court's final judgment on a land title dispute is binding on all parties, including state and revenue authorities. Refusal by the authorities to effect a mutation based on a decree that has attained finality is a defiance of the judicial process. Karnataka High Court.

  • 08-August-2025
  • Daksha Legal
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  When students organise rallies or dharnas to voice their grievances, they are exercising their constitutional right to freedom of speech, expression, and peaceful assembly. The invocation of criminal law in such instances is unwarranted unless the allegations clearly disclose the commission of a cognizable offence. Supreme Court.

  • 08-August-2025
  • Daksha Legal
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  Eviction proceedings under the Karnataka Tank Conservation and Development Authority Act can be initiated even if a case is pending before the Special Court under the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.

  • 08-August-2025
  • Daksha Legal
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  Motor Vehicles Act. Whether ‘no-fault liability’ under Section 163A is restricted only for third party risks?. Supreme Court refers the issue to larger bench.

  • 08-August-2025
  • Daksha Legal
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  Indian Succession Act. A sole beneficiary of a Will can be considered an executor by necessary implication. His application for probate is maintainable even if he is not explicitly named as the executor in the Will. Karnataka High Court.

  • 08-August-2025
  • Daksha Legal
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  Civil Court has jurisdiction to decide an ejectment suit when a claim for occupancy rights under the Karnataka Land Reforms Act has been rejected by the Land Tribunal, and that order has achieved finality. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  Pollution Control Boards have powers under the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act to impose environmental compensation or demand bank guarantees from violators, as an ex-ante preventive or remedial measure. Supreme Court.

  • 16-August-2025
  • Daksha Legal
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  A civil court shall return a plaint under Order VII Rule 10 of the CPC instead of rejecting it when a related commercial suit between the same parties is pending before a Commercial Court, as this avoids conflicting judgments and multiplicity of proceedings. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal
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  On the death of a Hindu male after the commencement of the Hindu Succession Act, 1956, his property devolves by succession under Section 8 and not by survivorship. Such property ceases to retain its coparcenary character, and a son born after 1956 does not acquire any birthright in it and the property vests in the heirs as their individual property. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  A disciplinary enquiry and criminal proceedings against a government employee cannot proceed when the foundational report and FIR on which they are based have been quashed. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  Specific Relief Act. A plaintiff is not legally barred from initially filing a suit for a bare injunction to restrain the alienation of property agreed to be sold, and subsequently seek to convert the suit into a comprehensive action for specific performance. Karnataka High Court.

  • 06-August-2025
  • Daksha Legal