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  Non-payment of the entire sale consideration does not render a registered sale deed invalid, as title transfers upon execution and registration. The appropriate remedy in such cases is to seek recovery of the unpaid amount rather than cancellation of the sale deed. Karnataka High Court.

  • 11-February-2025
  • Daksha Legal
• 

  A person traveling on the mudguard of a tractor is not an authorized passenger under the Motor Vehicles Act. Such risk is not covered under the statutory insurance policy. The insurance company is not liable to pay compensation. Karnataka High Court.

  • 11-February-2025
  • Daksha Legal
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  A nominee under an insurance policy is merely a recipient of the amount for the convenience of the insurer and does not become the absolute owner of the policy proceeds. The rightful entitlement of policy amount is determined by the applicable law of succession and legal heirs have a superior claim over the nominee. Karnataka High Court.

  • 11-February-2025
  • Daksha Legal
• 

  Electricity distribution companies have an absolute duty to ensure public safety, and any failure leading to electrocution injuries or death automatically results in liability. The principle of absolute liability applies to state-owned power companies. Karnataka High Court.

  • 10-February-2025
  • Daksha Legal
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  Mere financial contribution by one spouse does not confer joint ownership over property registered in the name of the other spouse. For claim of joint ownership, there must be clear intent, explicit agreement, and supporting evidence. Karnataka High Court.

  • 10-February-2025
  • Daksha Legal
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  Entry of a court injunction in revenue records is legally permissible and does not require a specific direction from the court. The provisions of Karnataka Land Revenue Act, 1961, do not override the doctrine of Lis Pendens, and the integration of judicial and revenue systems ensures transparency in land transactions. Karnataka High Court.

  • 10-February-2025
  • Daksha Legal
• 

  A legatee under a Will is not required to prove authenticity of the Will, if the testator has already admitted the execution of the Will in proceedings before the Court. Karnataka High Court.

  • 10-February-2025
  • Daksha Legal
• 

  Constitution of India. Article 142. Supreme Court quashes conviction and sentence of rape accused who subsequently married the prosecutrix, with whom he has four children. Judgement to be non-precedential.

  • 10-February-2025
  • Daksha Legal
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  Burden of proof. A party to suit cannot be asked to prove the negative. In a suit challenging a registered gift deed on grounds of undue influence, the plaintiff bears the burden of proving that undue influence was exercised. The Trial Court cannot transfer this burden to the defendants, requiring them to prove that they did not exercise undue influence. Karnataka High Court.

  • 08-February-2025
  • Daksha Legal
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  Panchayat Raj. A notice for a motion of no confidence against the Adhyaksha of a Gram Panchayat cannot be issued suo moto by the Assistant Commissioner. It must be preceded by a valid requisition signed by the requisite number of members. Karnataka High Court.

  • 08-February-2025
  • Daksha Legal
• 

  A dispute arising out of a Share Purchase Agreement does not amount to a commercial dispute under the Commercial Courts Act, 2015. Such matters should be adjudicated by a regular civil court and not by a Commercial Court. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. A joint account holder who has not signed a cheque cannot be prosecuted under Section 138. Merely holding a joint account does not attract penal consequences. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal