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  A Government entity, like the Road Transport Corporation, cannot take two contradictory stands as a model litigant. Contending that a driver was driving properly while simultaneously initiating proceedings for rash and negligent driving alleging misconduct is not permissible. Karnataka High Court.

  • 15-April-2025
  • Daksha Legal
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  Co-operative Societies. When the statutory rule provides for service of notice in a particular manner i.e. sending ineligible voters only by registered post, procedural irregularity can affect the validity of the election process. Karnataka High Court.

  • 15-April-2025
  • Daksha Legal
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  In suits for specific performance concerning land granted to SC/ST individuals, courts may grant injunctions to prevent alienation or creation of third-party interests in the property, pending government permission to alienate the property. Karnataka High Court.

  • 15-April-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Landless persons are entitled for grant of surplus land vested in the Government under Sections 79A, section 79B or under any other provision of the Act. High Court can issue mandamus directing the Deputy Commissioner to consider the representation in accordance with the law. Karnataka High Court.

  • 15-April-2025
  • Daksha Legal
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  The Registry of the Real Estate Regulatory Authority has no power to decide on the maintainability of a complaint, as it is a judicial function that must be performed by the RERA authority itself. Karnataka High Court.

  • 15-April-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. A sale deed executed in respect of granted land under the Act and presented for registration prior to obtaining permission is not void ab initio if the registration is completed after obtaining valid permission. Karnataka High Court.

  • 12-April-2025
  • Daksha Legal
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  Properties acquired during the marriage of a deceased person are to be considered jointly acquired, even if registered in the name of one spouse. Karnataka High Court.

  • 12-April-2025
  • Daksha Legal
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  A second wife is entitled to maintenance under Section 125 of Cr.P.C. when the husband married her without disclosing his subsisting first marriage. Karnataka High Court.

  • 11-April-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A landowner who owns 'A' kharab land is entitled to seek assessment of that land if he can substantiate that the land is cultivable. The revenue authorities cannot arbitrarily reject such requests but must consider them in accordance with the relevant legal provisions. Karnataka High Court.

  • 11-April-2025
  • Daksha Legal
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  Even though the amended Section 5 of the PTCL Act removes the limitation period for initiating proceedings, the principle of laches continues to apply. Courts can deny relief in cases where there is an unreasonable delay in seeking restoration of land, especially if such delay causes prejudice to the other party. Karnataka High Court.

  • 11-April-2025
  • Daksha Legal
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  No mandamus can be issued to direct banks to accept payments after the OTS scheme's deadline, as it would be equivalent to rewriting the contract. Writ petitions under Article 226 of the Constitution of India are generally not maintainable if there is an effective alternative remedy available, especially in cases involving recovery of dues by banks and financial institutions under the SARFAESI Act. Karnataka High Court.

  • 11-April-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Lands granted at an upset price to SC/ST individuals are 'granted lands' under the Act. The intent of the PTCL Act is to protect the ownership rights of SC/ST communities, regardless of whether the land was granted freely or at a concessional rate. Karnataka High Court.

  • 09-April-2025
  • Daksha Legal