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  Apart from granting specific performance decree, court can order delivery of possession of the property even if it has not been specifically asked for. Supreme Court.

  • 21-July-2025
  • Daksha Legal
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  Negotiable Instruments Act. Courts must impose a fine that is both punitive and compensatory, ensuring the complainant receives not only the cheque amount but also reasonable interest to account for the delay and loss incurred due to the commercial transaction and protracted litigation. Karnataka High Court.

  • 21-July-2025
  • Daksha Legal
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  Suit for specific performance. To prove readiness and willingness, a purchaser need not necessarily produce the money or carry it with him or vouch a concluded scheme of finance. Readiness and willingness is to be inferred from the conduct of the parties. Supreme Court.

  • 21-July-2025
  • Daksha Legal
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  A suit for perpetual injunction is not maintainable when the plaintiff admits the defendant's possession. Withdrawal of a prior suit with liberty to file a fresh one does not automatically validate a subsequent suit. Karnataka High Court.

  • 19-July-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A conviction for unlawful encroachment on government land cannot be sustained if the prosecuting authorities fail to issue the mandatory fifteen-day prior written notice to the alleged encroacher. Karnataka High Court.

  • 19-July-2025
  • Daksha Legal
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  A husband, as a Class-I heir, is entitled to compensation for loss of dependency due to the death of his wife in a motor vehicle accident, unless the insurer can conclusively prove separation or a second marriage. Karnataka High Court.

  • 19-July-2025
  • Daksha Legal
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  Doctrine of separation of powers and ministerial accountability. ‘Committee on Papers laid on Table‘ jurisdiction is limited to papers that have already been formally placed before the House by Ministers. It has no power to call for documents, papers or examine any witness or officer before issuing a report. Karnataka High Court.

  • 21-July-2025
  • Daksha Legal
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  A suit for specific performance cannot be decreed if the plaintiff acknowledges the contract's termination by the defendant, unless the plaintiff also seeks and proves that the termination was invalid. Karnataka High Court.

  • 18-July-2025
  • Daksha Legal
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  Electricity Act. A prior assessment of unauthorized electricity use is not a mandatory condition precedent for initiating criminal proceedings for theft of electricity. The Special Court constituted under the Act has the jurisdiction to determine both the civil and criminal liability in cases of electricity theft. Karnataka High Court.

  • 18-July-2025
  • Daksha Legal
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  A subsequent land purchaser, after preliminary and final acquisition notifications, has no legal standing to challenge the acquisition proceedings since the purchase is void against the acquiring authority. His sole recourse is to claim compensation based on their vendor's title. Karnataka High Court.

  • 18-July-2025
  • Daksha Legal
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  Karnataka Rent Act. An eviction petition for a landlord's bona fide requirement for reconstruction is valid even if the property was originally a vacant land on which the tenant built a shop. However, awarding damages to the landlord in such a petition is erroneous, as a tenant does not become a trespasser upon lease termination under the Act. Karnataka High Court.

  • 18-July-2025
  • Daksha Legal
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  No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. Supreme Court.

  • 17-July-2025
  • Daksha Legal