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  The charges under both criminal breach of trust and cheating cannot be maintained against the same person for the same transaction. The ingredients of both offenses are mutually exclusive and cannot coexist for the same set of facts. The court must determine if either cheating or criminal breach of trust is made out, but not both. Supreme Court.

  • 04-August-2025
  • Daksha Legal
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  In a suit for specific performance concerning immovable property, when the relief sought pertains to the entire property, court fee must be computed on the market value of the whole property and not merely on the consideration mentioned in the agreement. Karnataka High Court.

  • 01-August-2025
  • Daksha Legal
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  The High Court, under Article 226, should not adjudicate property title disputes, especially when a civil suit on the same matter is pending. While a land designation in a master plan may lapse if not acquired or utilized within five years , any subsequent action on a change of land use application depends on the outcome of the title dispute in the civil court. Karnataka High Court.

  • 01-August-2025
  • Daksha Legal
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  Karnataka Panchayat Raj Act. A no-confidence motion remains valid despite a court-ordered stay. Once the stay is lifted, the Assistant Commissioner may issue a fresh notice, and the meeting must be held within 30 days, excluding the stay period, with at least 15 clear days’ notice to members. Karnataka High Court.

  • 01-August-2025
  • Daksha Legal
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  The right to cross-examine is an indispensable facet of natural justice and a fair trial, which cannot be denied to a litigant mid-trial, even when the court has the discretion to draw an adverse inference for non-production of documents or non-compliance with a court order. Karnataka High Court.

  • 07-August-2025
  • Daksha Legal
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  Companies Act 2013. When the ingredients of Section 163 are met, a director can be disqualified from being a director not only in the company as regards which the allegations are made, but also regarding any other company in which he or she is a director, for which no allegations are made. Karnataka High Court.

  • 01-August-2025
  • Daksha Legal
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  Suit for specific performance. While partial decree under Order XII Rule 6 of the CPC is permissible, it can only be on undisputed facts and unequivocal admission by the defendant and further proof of readiness and willingness on the part of the plaintiff. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal
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  In a suit for partition, if the plaintiff seeks to withdraw the suit, defendants asserting a share in the property are entitled to seek transposition as plaintiffs. Upon such a request, the trial court is obligated to permit the transposition and proceed with the suit. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal
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  An individual can be permitted to prosecute an appeal as an indigent person under Order 44 Rule 1 of the Civil Procedure Code, 1908, when a solvency report from the jurisdictional Tahsildar confirms their lack of means, and there is no substantiated evidence to the contrary. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. An established Land Tribunal order granting occupancy rights, found in official records and reflected in long-standing mutation entries, prevails over a conflicting, unsigned, and procedurally flawed handwritten order. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal
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  Karnataka Civil Services (Appointment on Compassionate Grounds) Rules. The one-year limit for compassionate appointments should not be strictly applied if authorities fail to act on a timely, although informal, application from an illiterate widow, as their inaction deprives eligible dependents of a fair chance to apply. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal
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  An accused already in custody for one offense requires formal arrest and remand in the second offense for their custody in the latter case to be legal. In such an eventuality, fresh bail application can be filed before the Trial Court, even if previously granted bail and released in the initial offense. Karnataka High Court.

  • 31-July-2025
  • Daksha Legal