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  An arbitral award is liable to be set aside if it is rendered by an authority lacking jurisdiction. An award passed under the National Highways Act by a Deputy Commissioner who has no territorial jurisdiction is a nullity. Such a defect goes to the root and cannot be cured by consent or waiver of the parties. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  BDA Act. Development scheme does not lapse if it has been substantially implemented. Where possession is taken, infrastructure is formed, sites are allotted, conveyances are registered and third-party rights are created, the acquisition becomes complete and irreversible. Deposit of compensation in the government treasury amounts to valid payment. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Criminal Law: When a death sentence is commuted to life imprisonment with a direction to serve the sentence “in terms of Section 57 of the IPC,” the same cannot be construed as limiting the sentence to a fixed term of twenty years. Life imprisonment means imprisonment for the remainder of the convict’s natural life, unless further commuted in accordance with law. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Karnataka Panchayat Raj Rules. Panchayat has no jurisdiction to invoke summary eviction proceedings in respect of private properties. Any summary order for demolition or eviction passed without first establishing the land's public character through the proper adjudicatory process is void ab initio and a nullity in law. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  State Financial Corporation cannot ignore the guidance value fixed by the Government for assessing loan eligibility of an applicant. The Corporation cannot adopt private or 'presumptive' valuation methodologies that result in a lower property value than the official guidance value established by the State's Revenue Department. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Motor Vehicles Act. Section 164 provides a fixed compensation of 5,00,000 on a no-fault basis, removing earlier income limits under Section 163-A. The insurer bears the burden to prove absence of a valid driving licence through cogent evidence, such as RTO records or official testimony. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Default Bail. If the approval to invoke the Karnataka Control of Organised Crime Act is subsequently quashed, the investigation will be governed by the standard timeline under the BNSS/Cr.P.C. The time to file the chargesheet will be 90 days instead of 180 days. The subsequent quashing of the approval “resets” the clock to the 90-day limit, and failure to file the final report within that period entitles the accused to immediate release. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Karnataka Land Revenue Act. Assistant Director of Land Records has a statutory duty to apportion land revenue assessment whenever land is divided into multiple parts under Section 109(2). The ADLR, acting as a subordinate authority, is legally bound to implement the directions and orders issued by superior revenue officers. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Commercial Courts Act. A dispute relating to immovable property used exclusively in trade or commerce qualifies as a 'commercial dispute' provided that the property is being used for commercial purposes 'in praesenti'. A suit cannot be dismissed or returned by a Commercial Court if the actual current usage of the land is clearly established as commercial, distinguishing it from cases where commercial use is merely a future possibility. Karnataka High Court.

  • 20-March-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. An application under Section 29A for extension of time to conclude arbitral proceedings must necessarily be presented before the jurisdictional “Court” as defined under Section 2(1)(e), irrespective of whether the Arbitrator was appointed by the High Court under Section 11 or by agreement between the parties. Karnataka High Court.

  • 20-March-2026
  • Daksha Legal
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  Karnataka Land Revenue Rules. The State cannot unilaterally re-classify privately owned or previously granted land as 'B-Kharab' land for public purposes unless the land is already and factually occupied by public infrastructure like roads, footpaths, tanks, or streams, or be actively used as a burial/cremation ground. Karnataka High Court.

  • 20-March-2026
  • Daksha Legal
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  Income Tax Act. An assessment order passed in the name of a deceased person is fundamentally unsustainable and void in law if the Assessing Officer had prior knowledge of the assessee’s death. Proper course is to proceed against the legal heirs by affording them due opportunity in accordance with law. Karnataka High Court.

  • 19-March-2026
  • Daksha Legal