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  Special Marriage Act. Registration of marriage under Section 15 of the Act is not mandatory since Section 15 only prescribes the conditions required for registration of the marriage. Consequently, a petition for divorce under Section 27 of the Act cannot be rejected for non-registration of the marriage. Karnataka High Court.

  • 25-April-2026
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court.

  • 25-April-2026
  • Daksha Legal
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  Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.

  • 25-April-2026
  • Daksha Legal
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  Lands meant for public utility such as pasture constitute material assets of the community and are essential for maintaining ecological balance and public welfare. Any attempt to divert such communal resources through administrative manipulation or consolidation proceedings is impermissible in law. Supreme Court.

  • 25-April-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.

  • 23-April-2026
  • Daksha Legal
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  Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.

  • 24-April-2026
  • Daksha Legal
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  Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.

  • 24-April-2026
  • Daksha Legal
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  National Highways Act. The statutory obligation of the Competent Authority to deposit compensation in the District Court under Section 3H exists only so long as the funds are still held by the Authority. Once the compensation has been officially released to and withdrawn by a claimant, the provision cannot be invoked retrospectively to compel deposit of the money. Karnataka High Court.

  • 23-April-2026
  • Daksha Legal
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  An order of externment is an extraordinary measure that restricts a citizen's fundamental right to freedom of movement; therefore, it cannot be passed on the basis of vague or 'omnibus' allegations. Failure to meet the mandatory requirements renders the externment order arbitrary and liable to be quashed. Karnataka High Court.

  • 23-April-2026
  • Daksha Legal
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  Service Law. An order of suspension against a public servant cannot continue indefinitely, particularly when the suspension is based solely on the pendency of a criminal case and no domestic disciplinary proceedings have been initiated within a reasonable timeframe. Karnataka High Court.

  • 23-April-2026
  • Daksha Legal
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  Criminal Law. Sentencing. Where the guilt of the accused is established, but the offender is of relatively young age and a first-time offender, the Court may lean towards a reformative sentencing approach, substituting incarceration with the imposition of a substantial or enhanced fine. Karnataka High Court.

  • 23-April-2026
  • Daksha Legal
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  A registered sale deed that recites transfer of ownership and passing of consideration is legally valid, even if a portion of the sale price remains unpaid. Failure to pay the balance of the purchase price will not render the sale deed void. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal