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Judgements
Mere utterance of the words 'go and die' does not, by itself, fulfill the ingredients of abetment to suicide. Statements made during a quarrel or in the heat of the moment cannot be presumed to have been made with the requisite mens rea. Karnataka High Court.
21-April-2025
Daksha Legal
A municipality is obligated to honor its resolution with a private party, particularly when it has derived benefits from the resolution and when third-party rights have arisen in reliance upon it. Karnataka High Court.
21-April-2025
Daksha Legal
Family Courts retain jurisdiction over property disputes if the property was acquired during the subsistence of the marriage. Such disputes are considered to arise directly from the marital relationship, notwithstanding the parties' subsequent divorce. Karnataka High Court.
17-April-2025
Daksha Legal
Once a valid title is acquired through a registered sale deed, revenue authorities are obligated to change the khata as per the deed. Revenue officials cannot question the validity of the sale deed or GPA since such matters are under the purview of a civil court. Karnataka High Court.
17-April-2025
Daksha Legal
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be applied to a partition deed executed before the Act came into force. If a partition deed does not include a clause requiring the allottee to provide basic amenities and physical needs to senior citizens, the competent authority cannot exercise power under Section 23 of the Act to cancel the partition deed. Karnataka High Court.
17-April-2025
Daksha Legal
Land transactions before the issuance of the final notification for land acquisition under the Bangalore Development Authority Act, 1976, are valid and not restricted by the Karnataka Land Restriction of Transfer Act, 1991. Karnataka High Court.
17-April-2025
Daksha Legal
Municipal authorities cannot issue trade licenses that violate zonal regulations governing land use. If a property is designated primarily for residential use with limited permission for commercial use, the issuance of a trade license for commercial activities exceeding the permissible limit does not legalize the unauthorized commercial use. Karnataka High Court.
17-April-2025
Daksha Legal
Magistrate has the authority to grant interim maintenance to a wife under the Domestic Violence Act, even after the respondent has appeared and filed objections and pending consideration of the main matter. Karnataka High Court.
16-April-2025
Daksha Legal
Karnataka Land Revenue Act. When a landowner's name is removed from the RTC due to alleged non-payment of revenue, the Tahasildar has a legal obligation to consider the landowner's representation for restoration of their name. Forfeiture of land should be proportional to the unpaid revenue. Karnataka High Court.
16-April-2025
Daksha Legal
Mere execution of lease-cum-sale deed and possession certificate without actual delivery of possession will not absolve the BDA to allot alternate site when the site itself is not handed over to the allottee. Karnataka High Court.
16-April-2025
Daksha Legal
Property owners are entitled to just compensation for structures affected by high tension power lines, even if the structures were built after the power lines were installed, as long as such construction was not legally prohibited. Karnataka High Court.
16-April-2025
Daksha Legal
All women are equal but for the personal laws which treat them differently. Uniform Civil Code and its enforcement give justice to women and achieve equality of status and opportunity. Karnataka High Court.
16-April-2025
Daksha Legal
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