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  Repeated litigation on the same matter, especially with the suppression of material facts and prior judicial pronouncements, constitutes an abuse of the court's process, barred by constructive res judicata. Karnataka High Court imposes cost of Rs. 10 lakhs on the petitioners.

  • 23-July-2025
  • Daksha Legal
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  A City Municipal Corporation has no power under the Karnataka Municipal Corporation Act to levy betterment charges. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal
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  Land specifically reserved for a public park in a residential layout cannot be transferred by the City Municipal Council to another department for a different purpose. Such reserved spaces are intended as 'lung space' for residents and must be developed as park. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal
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  The mere fact that the registered agreement to sell was executed on the same day the defendant purchased the property does not, by itself, cast doubt on the agreement. A contemporaneous transaction, in and of itself, does not make the transaction suspicious. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal
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  Convictions in fatal road accident cases can be modified if the accused's statement was improperly recorded or if rigorous imprisonment was imposed without justification. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal
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  In the case of a joint and inseparable decree, failure to bring legal representatives of a deceased party on record results in abatement of the entire appeal, as proceeding only against surviving parties may lead to inconsistent decrees. Supreme Court.

  • 22-July-2025
  • Daksha Legal
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  A suit for a permanent injunction solely based on an unregistered agreement to sell without seeking substantive relief of specific performance is not maintainable. Karnataka High Court.

  • 21-July-2025
  • Daksha Legal
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  Apart from granting specific performance decree, court can order delivery of possession of the property even if it has not been specifically asked for. Supreme Court.

  • 21-July-2025
  • Daksha Legal
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  Negotiable Instruments Act. Courts must impose a fine that is both punitive and compensatory, ensuring the complainant receives not only the cheque amount but also reasonable interest to account for the delay and loss incurred due to the commercial transaction and protracted litigation. Karnataka High Court.

  • 21-July-2025
  • Daksha Legal
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  Suit for specific performance. To prove readiness and willingness, a purchaser need not necessarily produce the money or carry it with him or vouch a concluded scheme of finance. Readiness and willingness is to be inferred from the conduct of the parties. Supreme Court.

  • 21-July-2025
  • Daksha Legal
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  A suit for perpetual injunction is not maintainable when the plaintiff admits the defendant's possession. Withdrawal of a prior suit with liberty to file a fresh one does not automatically validate a subsequent suit. Karnataka High Court.

  • 19-July-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A conviction for unlawful encroachment on government land cannot be sustained if the prosecuting authorities fail to issue the mandatory fifteen-day prior written notice to the alleged encroacher. Karnataka High Court.

  • 19-July-2025
  • Daksha Legal