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  Motor Vehicles Act. Absence of a valid fitness certificate amounts to breach of fundamental requirement. Karnataka High Court exonerates insurance company by directing 'pay the amount and recover' from the owner. Karnataka High Court.

  • 28-October-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Revenue authorities are authorized to correct or alter mutation entries in the Record of Rights based on undisputed source-of-title documents even when a civil suit on title is pending. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Right to Information Act. Personal information pertaining to an accused person, such as a copy of the passport or LOC details, is exempt from mandatory disclosure under the Act since it would violate the individual's right to privacy and could endanger the life or physical safety. The proper remedy for a litigant seeking such documents for court use is to apply to the Trial Court for summoning. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A revenue grant of land in a manner known to law cannot be unilaterally nullified or deleted from the Record of Rights by the Tahsildar on the mere claim that the land is a 'Sarkari Gunduthopu,' as 'gunduthopu' land is not statutorily prohibited from being granted. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Land Acquisition. Landowner is entitled to pre-acquisition interest or mesne profits when possession is taken before completion of acquisition, as a remedial measure under the equitable provisions of the statute. Supreme Court.

  • 27-October-2025
  • Daksha Legal
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  Where the plaintiff establishes a clear legal title but has suppressed the dismissal of the earlier suit for injunction, the court should not deny the relief of declaration and consequential possession, as this would unjustly divest the title. The court should instead grant title and possession and impose a penalty, such as modifying the decree, to address the misconduct and resolve the dispute. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Indian Evidence Act. Power conferred upon the court by Section 73 to direct a person present in court to write words or figures for comparison is limited to the court's own necessity in determining the truth of a disputed writing. This provision cannot be used by a party to compel an opposing party or witness to provide sample writings for the advancement of the moving party's case or defence, as such an action amounts to an unauthorized attempt to collect evidence. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Hindu Succession Act. Property acquired through a Will from a collateral (such as brother or uncle) is separate property, not coparcenary property. Succession opens under Section 8 leading to equal shares for all Class I heirs. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Transfer of Property Act. Quit notice issued to tenant by registered post returned with postal shara ‘’insufficient address’’ is presumed served under Section 27 of the General Clauses Act. Karnataka High Court.

  • 24-October-2025
  • Daksha Legal
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  Limitation Act. A suit for the enforcement of a right of pre-emption is maintainable if filed within one year from the date of assignment of shares by a joint family member in favour of a third party. Karnataka High Court.

  • 24-October-2025
  • Daksha Legal
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  Transfer of Property Act. Protection of possession based on the doctrine of part performance is available only when the contract for transfer of immovable property is evidenced by a registered instrument, particularly in respect of documents executed after the statutory amendment. Karnataka High Court.

  • 24-October-2025
  • Daksha Legal
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  An application to amend the plaint, even if filed after the commencement of trial or conclusion of arguments, may be allowed when it merely adds an alternative prayer without altering the nature of the suit or the original cause of action, so as to prevent multiplicity of proceedings. Karnataka High Court.

  • 24-October-2025
  • Daksha Legal