• 

  Once a property is notified as Waqf property under the Waqf Act, the notification is binding on all parties unless challenged within the stipulated time and in the manner prescribed under the Act. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. When an accused claims that a cheque book was stolen, the court cannot accept such a defense unless the accused can provide evidence to support it like filing a police complaint, which serves as proof of the alleged theft. Without such evidence, the defense of stolen cheque book cannot succeed. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
• 

  Karnataka Stamp Act. Stamp duty classification must be based on the express terms of the document and not on assumptions. A document cannot be classified as a ‘’sale agreement’’ unless it meets statutory requirements. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
• 

  Conversion of land under the Karnataka Land Revenue Act. If a government authority fails to act within the prescribed statutory timeline, the deeming fiction under Section 95(2) of the Karnataka Land Revenue Act, 1964 comes into effect, granting automatic approval. Karnataka High Court.

  • 04-February-2025
  • Daksha Legal
• 

  Government cannot retain private land without lawful acquisition. If the State enters into an agreement for land acquisition but later fails to initiate acquisition, it cannot retain possession indefinitely. Karnataka High Court directs removal of railway track if the acquisition is not initiated and completed.

  • 04-February-2025
  • Daksha Legal
• 

  Judgment on Admission. An admission must be clear, unambiguous, unconditional, and unequivocal. Any admission mixed with law or requiring inference does not qualify for a judgment under this provision. Supreme Court.

  • 03-February-2025
  • Daksha Legal
• 

  Willful failure to submit income tax returns. There is a presumption of a culpable mental state on the part of the accused. The accused has to rebut this presumption in accordance with the law. Karnataka High Court.

  • 03-February-2025
  • Daksha Legal
• 

  Transferee pendente lite though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. Supreme Court.

  • 03-February-2025
  • Daksha Legal
• 

  West Bengal Premises Tenancy Act. Municipal taxes payable by a tenant under Section 5(8) of the 1997 Act are part of the rent, and non-payment constitutes default in rent, justifying eviction. Supreme Court.

  • 03-February-2025
  • Daksha Legal
• 

  Prevention of Money Laundering Act. Existence of ‘reason to believe,’ mandates the presence of sufficient cause to indicate the commission of the offence of money laundering. Mere possession of proceeds, whether by chance or accident, does not necessarily imply involvement in money laundering activities, such as generating or concealing illicit funds. Karnataka High Court.

  • 03-February-2025
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. It is not mandatory that a proposed motion of no-confidence is required to be enclosed along with the requisition notice. Karnataka High Court.

  • 01-February-2025
  • Daksha Legal
• 

  Court can pass an exparte order appointing a court commissioner under Order XXVI Rules 1 and 9 of the Civil Procedure Code in an intellectual property rights case. Karnataka High Court.

  • 01-February-2025
  • Daksha Legal