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  Karnataka Forest Act. The Act prescribes a specific legal procedure for eviction, including an appellate remedy. A civil suit seeking an injunction to restrain the authorities from proceeding under the Act is not maintainable. Karnataka High Court.

  • 11-November-2025
  • Daksha Legal
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  Banning of Unregulated Deposit Schemes Act. When the complaint and FIR reveal cognizable offences like cheating, proceedings cannot be quashed merely because the matter also has a civil aspect, as civil and criminal remedies may coexist. Karnataka High Court.

  • 11-November-2025
  • Daksha Legal
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  ''Right to own immovable property naturally encompasses the freedom to purchase and sell property''. The Government cannot, through subordinate legislation under the Registration Act, mandate the production of mutation, jamabandi, or similar records for document registration, as this would improperly require the registering officer to assess the vendor’s title. Supreme Court.

  • 11-November-2025
  • Daksha Legal
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  Hindu Law. Devolution of a deceased Hindu male's separate self-acquired property must be governed by the general rules of succession under Section 8 of the Hindu Succession Act which mandates that the widow and all children, being Class I heirs, are entitled to equal shares in the property. Coparcenary principles under Section 6 of the Act do not apply to such separate property. Karnataka High Court.

  • 10-November-2025
  • Daksha Legal
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  Motor Vehicles Act. A claim petition cannot be dismissed solely on the ground of delay in lodging the First Information Report (FIR) if there is evidence, such as wound certificates mentioning a Road Traffic Accident (RTA), and a plausible or cogent explanation for the delay is presented, such as prioritizing the medical treatment and care of the injured victims. Karnataka High Court.

  • 10-November-2025
  • Daksha Legal
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  A Magistrate may refer a private complaint for police investigation under Section 156(3) CrPC if the available material prima facie discloses a cognizable offence or a conspiracy to defraud the court, particularly when the inquiry is at a nascent stage. The mere use of the words “further investigation” does not vitiate such exercise of power. Supreme Court.

  • 10-November-2025
  • Daksha Legal
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  Food Safety and Standards Act and the Regulations are constitutionally valid. The regulatory regime is essential to ensure the availability of safe and wholesome food, which is an integral and inalienable part of the fundamental right to life guaranteed under Article 21 of the Constitution of India. Karnataka High Court.

  • 10-November-2025
  • Daksha Legal
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  Magistrates and Criminal Courts cannot entertain application for recalling or modifying Look Out Circular. Power is vested only with the Constitutional Courts. Karnataka High Court.

  • 08-November-2025
  • Daksha Legal
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  A mortgagee cannot claim right over the mortgaged property just because long period of time has been lapsed since in the case of usufructuary mortgage, unlike other types of mortgages, the Mortgagee cannot claim ownership over the suit property even after the expiry of thirty years from the date of mortgage. Karnataka High Court.

  • 08-November-2025
  • Daksha Legal
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  Specific Relief Act. A decree for specific performance cannot be enforced against subsequent purchasers who successfully establish that they are bonafide purchasers for value without notice of the prior agreement, thereby qualifying for protection under Section 19(b). Karnataka High Court.

  • 07-November-2025
  • Daksha Legal
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  Suit for partition. The mere fact that the daughters did not dispute the earlier oral partition or claim their share cannot be a ground to deny them a share in the ancestral properties under Section 6 of the Hindu Succession Act. Karnataka High Court.

  • 07-November-2025
  • Daksha Legal
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  A title derived from a validly registered General Power of Attorney and subsequent sale deed, which are chronologically prior to an opponent's claim based on a later, unregistered GPA executed by the original owner, who no longer held title, constitutes a superior claim. Karnataka High Court.

  • 07-November-2025
  • Daksha Legal