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Judgements
Karnataka Land Revenue Act. The exclusive jurisdiction to pass or cancel an order of land conversion rests solely with the Deputy Commissioner. Tahsildar is devoid of the statutory power to issue a notice for the cancellation of a land conversion order. Karnataka High Court.
16-July-2025
Daksha Legal
Karnataka Municipalities Act. Under the amended Act, the Municipal authorities are legally obligated to record the transactions and levy tax on sites purchased even in unapproved layouts, and their failure to do so warrants a writ of mandamus. Karnataka High Court.
16-July-2025
Daksha Legal
Municipal authorities should hold their officers accountable for failing to prevent unauthorized constructions and initiate penal action against them. Karnataka High Court lays down guidelines to deal with unauthorised constructions.
16-July-2025
Daksha Legal
Commercial Courts Act. An investment in a real estate project for residential apartments, even with a buy-back option, does not qualify as a ‘commercial dispute’ since the the property is not ‘used exclusively in trade or commerce’. Karnataka High Court.
16-July-2025
Daksha Legal
Statements made by an employee to the press in public interest are protected under Article 19 of the Constitution of India. Such expressions do not warrant dismissal unless they are knowingly false or disruptive. Karnataka High Court.
15-July-2025
Daksha Legal
When a suit for declaration based on title and also by adverse possession fails, the court can pass a decree for possession in favour of the defendant. Such right is traceable to inherent power of the Court saved in Section 151 of the Code of Civil Procedure. Karnataka High Court.
15-July-2025
Daksha Legal
When amendment to plaint seeking additional relief is allowed, it relates back to the original suit's filing date. Consequently, the court fee for the additional relief is calculated based on the market value of the property as of the original suit's filing date, not the amendment application date. Karnataka High Court.
15-July-2025
Daksha Legal
Karnataka Slum Areas (Improvement and Clearance) Act. Inordinate and unexplained delay in completing land acquisition, proceedings particularly when the original beneficiaries have already been rehabilitated elsewhere, vitiates the entire acquisition process as the purpose of the acquisition ceases to exist. Karnataka High Court.
15-July-2025
Daksha Legal
Though plaintiff can seek to summon defendant as his witness under Order XVI Rule 21 CPC, such a request cannot be granted as a matter of right. Trial Court must consider the purpose for which the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. Karnataka High Court.
15-July-2025
Daksha Legal
Posthumous registration of a Will is legally permissible and does not, in itself, invalidate the Will or render it suspicious. Courts cannot prejudge the genuineness of a Will at the interlocutory stage based solely on such registration, as its validity must be determined through evidence at trial. Karnataka High Court.
15-July-2025
Daksha Legal
Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.
14-July-2025
Daksha Legal
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
14-July-2025
Daksha Legal
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