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  When an employee is insured under the Employees State Insurance Act, he or his dependents cannot make a claim for compensation under the Workmen's Compensation Act in respect of an employment injury sustained. Karnataka High Court.

  • 04-September-2025
  • Daksha Legal
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  Karnataka Stamp Act. Court cannot delegate its power to assess stamp duty and penalty to the District Registrar. It must itself examine the document, determine sufficiency of stamp duty, and, if deficient, compute the duty and penalty before directing payment. Karnataka High Court.

  • 04-September-2025
  • Daksha Legal
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  DNA test for paternity can be ordered only when there is an ‘eminent need’ and a strong prima facie case is made out that it is not possible to determine the truth without such a test. The mere claim of a vasectomy is not sufficient to override the presumption under Section 112 of the Evidence Act. Karnataka High Court.

  • 03-September-2025
  • Daksha Legal
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  Hindu Succession Act. Section 8. The estate of a Hindu male dying intestate must be divided equally among all Class-I heirs individually. In case of second void marriage, wives are not treated as ‘branches’, and children from both valid and void marriages are entitled to ‘equal individual’ shares. Karnataka High Court.

  • 04-September-2025
  • Daksha Legal
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  An execution petition cannot be used to challenge an arbitral award on grounds like fraud, as such objections must be raised under Section 34 of the Arbitration and Conciliation Act. While the principle that ‘fraud unravels everything’ holds good, it must be invoked before the proper forum and not for the first time in execution proceedings. Karnataka High Court.

  • 03-September-2025
  • Daksha Legal
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  Easements Act. Conversion of agricultural land into non-agricultural use does not extinguish a right of way granted under a sale deed. However, the dominant owner must exercise this right in the least onerous manner, causing minimum inconvenience to the servient owner. Karnataka High Court.

  • 03-September-2025
  • Daksha Legal
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  An agreement to sell, a General Power of Attorney, an affidavit, or a receipt of consideration for an immovable property do not confer a valid title or transfer ownership. The transfer of ownership in immovable property must be completed through a duly registered deed of conveyance. Supreme Court.

  • 03-September-2025
  • Daksha Legal
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  Procedure. When a matter is remanded for a specific purpose by the appellate/superior Court, the subordinate forum cannot go beyond the scope of remand. Karnataka High Court.

  • 03-September-2025
  • Daksha Legal
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  Appellate Court is required to consider an application for production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure along with the main appeal. The application should not be rejected simply because a similar request was denied by the trial court. Karnataka High Court.

  • 02-September-2025
  • Daksha Legal
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  When a site allotted for residential use falls within an area classified as a ‘commercial axis’ under the Zoning Regulations, the Planning Authority cannot deny a building permit for a commercial complex, as such development does not amount to a ‘change of land use’. Karnataka High Court.

  • 02-September-2025
  • Daksha Legal
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  For the purpose of Section 498-A IPC, cruelty must be established within the specific context of that provision, as its meaning may differ under other statutes. It must be shown that the woman was subjected to cruelty either continuously or persistently, or at least in close proximity to the time of lodging the complaint. Supreme Court.

  • 02-September-2025
  • Daksha Legal
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  Wakf Act. A Gazette Notification declaring land as Waqf property cannot override statutory vesting of that land under the Mysore (Personal and Miscellaneous) Inams Abolition Act. The Land Tribunal has the jurisdiction to decide on the tenancy rights of such lands. Karnataka High Court.

  • 02-September-2025
  • Daksha Legal