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  A sale deed that only records payment of consideration, without actual payment, is void ab initio. A third party to such a void sale deed is not required to initiate separate proceedings for its cancellation. Supreme Court.

  • 16-September-2025
  • Daksha Legal
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  Civil Procedure Code. A counter claim can be directed only against plaintiff, even if it incidentally involves a co-defendant. A counter claim aimed solely at a co-defendant is not maintainable. Supreme Court.

  • 16-September-2025
  • Daksha Legal
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  Town Planning. Mandatory setback for high-rise buildings must be applied to each structure separately, not to a combined ‘cluster’ to ensure fire safety, prevent the spread of fire, and provide safe evacuation routes. A builder cannot bypass this requirement by declaring multiple buildings as a single block. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  A will bequeathing property for which occupancy rights were granted under the Karnataka Land Reforms Act is deemed to be an 'alienation' and is invalid if it violates a statutory condition of non-alienation attached to the grant of those rights. The property vests with the State Government free from all encumbrances. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  Karnataka High Court orders demolition of constructions built within the mandatory setback areas of individual buildings, where the developer attempted to treat multiple high-rise structures as a single block to avoid the setback requirement.

  • 15-September-2025
  • Daksha Legal
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  Suit for partition. A mere existence of a contentious or triable issue in a partition suit does not entitle the plaintiffs to an automatic injunction restraining alienation, particularly when they have not sought a declaration to set aside the earlier sale deeds. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  Karnataka Co-operative Societies Act. On the expiry of the term of office of the Board of Directors, a Joint Registrar cannot automatically assume the role of an administrator and function as the Board of Management without the requirement of any particular separate/formal order. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  SARFAESI Act. Under Section 14 the Magistrate performs only ministerial function. He has no authority to adjudicate disputes or entertain objections from borrowers or third parties. Karnataka High Court.

  • 13-September-2025
  • Daksha Legal
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  Unregistered power of attorney is admissible as evidence if it explicitly states that no consideration was paid for it and is therefore not required to be registered. Court is not permitted to go beyond the recitals of the document to determine its admissibility. Karnataka High Court.

  • 13-September-2025
  • Daksha Legal
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  In a partition suit, no decree can be granted in favour of a person holding an agreement with a co-sharer. The defendant must prove the sale agreement and possession, which are not deemed admitted merely because the co-sharer has not filed a written statement. The appropriate remedy is a separate suit for specific performance or damages, not a claim within partition proceedings. Karnataka High Court.

  • 12-September-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. An order refusing an application under Section 8, is an appealable order under Section 37 of the Act. Review of the said order under the Code of Civil Procedure is not permissible. Karnataka High Court.

  • 12-September-2025
  • Daksha Legal
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  ‘’Procedural enactment should not be construed in any manner, which would leave the Court helpless to meet extra-ordinary situations in the ends of justice’’. Order VIII Rule 1 of CPC providing for upper limit of 90 days to file written statement is directory not mandatory. Karnataka High Court.

  • 12-September-2025
  • Daksha Legal