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  An electricity distribution company cannot disconnect supply merely at the request of a municipal authority to penalize or coerce an owner for alleged unauthorized construction. Being an essential service, electricity cannot be cut off as a substitute for the statutory notice and demolition procedures under municipal law. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  SARFAESI Act. A secured creditor is under a legal obligation to ensure the delivery of actual physical possession to the purchaser. The right to take possession under Section 14 remains legally available even after the sale of the property has been confirmed and the title has been transferred to an auction purchaser. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  In international child custody disputes, jurisdiction is determined by the child’s ordinary residence. Where the child has been substantially raised abroad, Indian courts, guided by comity of nations and the child’s best interests, ordinarily decline merits adjudication and direct return to the country of habitual residence for custody determination. Karnataka High Court. 2026 Daksha Legal Kar 151-172

  • 16-April-2026
  • Daksha Legal
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  Hindu Law. Where an oral family arrangement effecting partition by metes and bounds is reported to the revenue authorities and reflected in the records, it constitutes a valid partition and is exempt from registration. Partition is not a transfer but a mutual arrangement, and revenue entries, if supported by cogent evidence, can establish a valid partition. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  Karnataka Land Revenue Act. A statutory land grant evidenced by a 'Saguvali Chit' cannot be defeated by subsequent re-classification of the land as ‘B-Kharab’. Re-classification can only be by following formal, transparent procedure of adjudication and inquiry as prescribed by law. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  Order VI Rule 17 CPC. Though courts cannot adopt hyper-technical approach to amendments, when the facts sought to be introduced were well within the knowledge of the party prior to the commencement of the trial, such amendment cannot be permitted. Karnataka High Court.

  • 15-April-2026
  • Daksha Legal
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  Karnataka Land Revenue Act and Rules. Tahsildar has no jurisdiction to reject an application for regularization of unauthorized occupation of government land without placing such applications before the 'Committee for Regularisation of Unauthorised Occupation' for its consideration. Karnataka High Court.

  • 15-April-2026
  • Daksha Legal
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  Indian Succession Act. A probate court cannot act as a court of title and reject an application for Letters of Administration on the ground that the applicant failed to produce 'proof of title' or exhaustive details regarding the ownership of the properties. Karnataka High Court.

  • 15-April-2026
  • Daksha Legal
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  Criminal Law: When the arrest of an accused is itself illegal, all subsequent actions, such as medical examination, collection of blood samples, and medical or forensic reports also become illegal. Where the prosecution’s entire case is founded on such tainted evidence, the criminal proceedings must be quashed to prevent an abuse of the process of law. Karnataka High Court.

  • 15-April-2026
  • Daksha Legal
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  Land acquisition process initiated by the State for the benefit of a non-existent legal entity is void ab initio and constitutes a 'statutory and constitutional fraud.' Karnataka High Court orders criminal investigation by the CBI while quashing the acquisition.

  • 15-April-2026
  • Daksha Legal
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  Commercial Courts Act does not oust arbitration, but provides for recourse to the Commercial Division, the Commercial Appellate Division, or the Commercial Court, to the limited extent as contemplated under the Act. Karnataka High Court.

  • 13-April-2026
  • Daksha Legal
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  Order 21 Rule 54 CPC. Third-party buyers who have acquired interests in the property have a substantive legal right to be heard. The Court is duty-bound to allow such buyers to file their objections and must adjudicate upon them before maintaining an attachment that jeopardizes their investments. Karnataka High Court.

  • 13-April-2026
  • Daksha Legal