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Judgements
Maintenance and Welfare of Parents and Senior Citizens Act. Assistant Commissioner has no power to set aside a document that falls outside Section 23. He can only deal with maintenance claims and declaration of transfer of property to be void in certain circumstances. Karnataka High Court.
12-August-2025
Daksha Legal
Karnataka Land Revenue Act. Even where agricultural land is deemed converted due to its inclusion within municipal or municipal corporation limits, payment of the prescribed conversion fee remains mandatory. Karnataka High Court.
12-August-2025
Daksha Legal
Karnataka Land Reforms Act. Married daughters are entitled to share in tenanted lands for which occupancy rights were granted to their father, as the grant benefits all legal heirs. The definition of word ‘family’ in Section 2 (12) would not be a bar to claim share in the said property. Karnataka High Court.
12-August-2025
Daksha Legal
Arbitration and Conciliation Act. Granting a conditional stay on an arbitral award requiring a 75% deposit is a reasonable exercise of judicial discretion and warrants no interference. The principle applies equally to Public Sector Undertakings. An unconditional stay is justified only where a prima facie case of fraud or corruption is established. Karnataka High Court.
12-August-2025
Daksha Legal
Employees Compensation Act. Petition for compensation filed by a major brother of the deceased is not maintainable since he is not a ‘dependant’ under Section 2(d) of the Act. Karnataka High Court.
11-August-2025
Daksha Legal
Karnataka Police Act. An externment order must follow a structured procedure, which includes serving the person with a written notice of the allegations, granting a reasonable opportunity to respond, and allowing him to engage legal counsel and present witnesses. Karnataka High Court.
11-August-2025
Daksha Legal
Karnataka Gram Swaraj and Panchayat Raj Act. A suit to recover payment for work performed for the Panchayat is not barred under Section 295, as the restriction applies only to money lawfully collected by the authority. Karnataka High Court.
11-August-2025
Daksha Legal
A subordinate court order based on a submission or concession made by the petitioner's counsel cannot be questioned in a writ petition since the appropriate course is to seek modification of the order before the same court. Karnataka High Court.
11-August-2025
Daksha Legal
While an unpaid vendor’s usual remedy is to sue for the sale consideration, if the validity of the instrument is challenged and the transaction is alleged to be voidable on grounds of fraud or misrepresentation, a suit for declaration and cancellation is a recognized course. The existence of such a triable issue justifies the grant of a temporary injunction. Karnataka High Court.
11-August-2025
Daksha Legal
A civil court's final judgment on a land title dispute is binding on all parties, including state and revenue authorities. Refusal by the authorities to effect a mutation based on a decree that has attained finality is a defiance of the judicial process. Karnataka High Court.
08-August-2025
Daksha Legal
When students organise rallies or dharnas to voice their grievances, they are exercising their constitutional right to freedom of speech, expression, and peaceful assembly. The invocation of criminal law in such instances is unwarranted unless the allegations clearly disclose the commission of a cognizable offence. Supreme Court.
08-August-2025
Daksha Legal
Eviction proceedings under the Karnataka Tank Conservation and Development Authority Act can be initiated even if a case is pending before the Special Court under the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.
08-August-2025
Daksha Legal
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