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Judgements
Negotiable Instruments Act. An appeal against a conviction cannot be dismissed solely for delayed compliance with a pre-deposit condition, as the right to appeal requires a merits-based adjudication. Karnataka High Court.
23-July-2025
Daksha Legal
Where no proper notice is served on all parties after a prior remand, and the Land Tribunal fails to record who was in actual cultivation as tenant on the relevant date, a fresh remand is justified. Delay in challenge does not bar such relief if the petitioners were unaware of the proceedings due to lack of notice. Karnataka High Court.
23-July-2025
Daksha Legal
An agreement to sell immovable property does not require mandatory attestation under law. The mere non-examination of an attesting witness does not invalidate the proof of a registered agreement to sell, especially when the defendant has neither denied its execution nor chosen to contest it. Karnataka High Court.
23-July-2025
Daksha Legal
''A carefully orchestrated fraudulent enterprise, involving forged documents collusion with public officials''. Connivance of public servants in facilitating crime, if proven, renders the matter one not of private grievance, but of public concern. Pendency of civil proceedings on the same issue cannot eclipse the penal consequences of a serious offence. Karnataka High Court.
22-July-2025
Daksha Legal
Right to Information Act. A free land grant by erstwhile Maharaja to a Society makes it ‘substantially financed’ by the State given the land's current significant value and its critical role in the entity's existence, thus rendering the entity a 'public authority'. Karnataka High Court.
22-July-2025
Daksha Legal
Repeated litigation on the same matter, especially with the suppression of material facts and prior judicial pronouncements, constitutes an abuse of the court's process, barred by constructive res judicata. Karnataka High Court imposes cost of Rs. 10 lakhs on the petitioners.
23-July-2025
Daksha Legal
A City Municipal Corporation has no power under the Karnataka Municipal Corporation Act to levy betterment charges. Karnataka High Court.
22-July-2025
Daksha Legal
Land specifically reserved for a public park in a residential layout cannot be transferred by the City Municipal Council to another department for a different purpose. Such reserved spaces are intended as 'lung space' for residents and must be developed as park. Karnataka High Court.
22-July-2025
Daksha Legal
The mere fact that the registered agreement to sell was executed on the same day the defendant purchased the property does not, by itself, cast doubt on the agreement. A contemporaneous transaction, in and of itself, does not make the transaction suspicious. Karnataka High Court.
22-July-2025
Daksha Legal
Convictions in fatal road accident cases can be modified if the accused's statement was improperly recorded or if rigorous imprisonment was imposed without justification. Karnataka High Court.
22-July-2025
Daksha Legal
In the case of a joint and inseparable decree, failure to bring legal representatives of a deceased party on record results in abatement of the entire appeal, as proceeding only against surviving parties may lead to inconsistent decrees. Supreme Court.
22-July-2025
Daksha Legal
A suit for a permanent injunction solely based on an unregistered agreement to sell without seeking substantive relief of specific performance is not maintainable. Karnataka High Court.
21-July-2025
Daksha Legal
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