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  Civil Court must determine its jurisdiction at the threshold based on the nature of the reliefs claimed. The existence of disputed questions of fact does not, by itself, confer jurisdiction where, in law, the subject matter of the dispute lies outside the domain of the Civil Court. Supreme Court.

  • 28-April-2026
  • Daksha Legal
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  A writ of mandamus lies at the instance of an auction purchaser for delivery of possession of the property purchased, as the secured creditor is duty-bound to take possession under Section 14 even after the sale is confirmed and title is transferred to the auction purchaser. Karnataka High Court.

  • 27-April-2026
  • Daksha Legal
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  Customs Act. An order permitting re-export of goods upon payment of redemption fine does not efface the penal consequences contemplated under the Act. A person apprehended for violation cannot evade liability by merely offering a nominal fine for redemption and re-export of the goods, without being subjected to the prescribed penalty or customs duty arising from such contravention. Madras High Court.

  • 24-April-2026
  • Daksha Legal
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  Negotiable Instruments Act. Admission of the cheque and signature attracts the Section 139 presumption, shifting the evidential burden to the accused. The complainant need not prove the debt or financial capacity unless the presumption is first rebutted on a preponderance of probabilities. Karnataka High Court.

  • 25-April-2026
  • Daksha Legal
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  Special Marriage Act. Registration of marriage under Section 15 of the Act is not mandatory since Section 15 only prescribes the conditions required for registration of the marriage. Consequently, a petition for divorce under Section 27 of the Act cannot be rejected for non-registration of the marriage. Karnataka High Court.

  • 25-April-2026
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court. 2026 Daksha Legal Kar 147-150

  • 25-April-2026
  • Daksha Legal
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  Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.

  • 25-April-2026
  • Daksha Legal
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  Lands meant for public utility such as pasture constitute material assets of the community and are essential for maintaining ecological balance and public welfare. Any attempt to divert such communal resources through administrative manipulation or consolidation proceedings is impermissible in law. Supreme Court.

  • 25-April-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.

  • 23-April-2026
  • Daksha Legal
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  Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.

  • 24-April-2026
  • Daksha Legal
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  Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.

  • 24-April-2026
  • Daksha Legal
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  National Highways Act. The statutory obligation of the Competent Authority to deposit compensation in the District Court under Section 3H exists only so long as the funds are still held by the Authority. Once the compensation has been officially released to and withdrawn by a claimant, the provision cannot be invoked retrospectively to compel deposit of the money. Karnataka High Court.

  • 23-April-2026
  • Daksha Legal