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  Service Law. Seniority in a service cadre must be determined by the employee’s actual date of entry into that cadre. A rule granting a notional appointment date or weightage of past service is arbitrary and void if it confers seniority from a time when the employee was not yet ‘born in the cadre.’ Any such weightage can operate only for assessing eligibility for promotion, not for fixing inter-se seniority between direct recruits and promotees. Karnataka High Court.

  • 08-December-2025
  • Daksha Legal
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  Sanction of layout plan cannot be rejected only on the ground that the converted land is bifurcated. The restriction under the KT&CP Act is only bifurcation of plots within an existing layout and not the converted land. Karnataka High Court.

  • 05-December-2025
  • Daksha Legal
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  The Executing Court should permit an amendment to the execution petition and its schedule when the decreed property has undergone physical changes after the decree. Refusing such an amendment solely on the ground that the Court cannot travel beyond the decree amounts to ignoring relevant subsequent events and would unjustly deprive the decree-holder of the fruits of the decree on a mere technicality. Karnataka High Court.

  • 05-December-2025
  • Daksha Legal
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  Indian Partnership Act. The bar on suits by an unregistered firm under Section 69(2) does not apply to a suit seeking a permanent injunction against passing off or misuse of a trade name, as this right arises from common law/tort and not from the contract of partnership. A plaint seeking such an injunction cannot be rejected on the ground of the firm's non-registration. Karnataka High Court.

  • 05-December-2025
  • Daksha Legal
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  While a General Power of Attorney that is irrevocable and coupled with interest cannot be unilaterally cancelled, the mere use of the term “irrevocable” does not confer such protection if no interest is created. A GPA not coupled with interest, even if registered, is capable of being unilaterally cancelled, and such cancellation does not require prior notice by the Sub-Registrar. Karnataka High Court.

  • 05-December-2025
  • Daksha Legal
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  Backward Class reservation. For determining whether a candidate is excluded on the ground of belonging to the creamy layer, the salary income of the candidate’s parents must be taken into account. Karnataka High Court.

  • 06-December-2025
  • Daksha Legal
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  Karnataka Lokayukta Act 1984. The Lokayukta has no authority under the Act to adjudicate questions of right, title, or interest in property; such issues can be determined only in appropriate civil proceedings. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Writ jurisdiction. The State is not exempt from the application of the doctrine of delay and laches, as an unexplained delay is fatal and prevents the re-opening of a finality attained by an order of the Tribunal. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Election Law. Disqualification of a candidate is required to be considered as on the date on which the scrutiny of the nomination is made and not on the date of filing of the nomination. On the date of scrutiny, the defect would have to be cured before the nomination papers are taken up for scrutiny. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  The right to default bail can be denied when the designated court validly extends the investigation period on the basis of a Public Prosecutor’s report that is substantive, reflects an independent application of mind, and provides adequate reasons for continued detention, even if the Investigating Officer’s original request is not physically annexed. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Maharashtra Slum Act. Power of the State Government to acquire land for a slum rehabilitation scheme is not absolute and is subject to the preferential right of the owner to develop the slum area. Acquisition cannot proceed if the owner is willing to undertake development in exercise of this preferential right, and this right must be addressed before the acquisition process is initiated. Supreme Court.

  • 09-December-2025
  • Daksha Legal
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  Important judgments delivered by Justice H.P. Sandesh. Karnataka High Court.

  • 02-December-2025
  • Daksha Legal