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Judgements
Karnataka Stamp Act. If possession was already held by the purchaser prior to the agreement of sale or if possession is not delivered under the agreement, the document is only liable to be stamped under the lower duty. Karnataka High Court.
01-December-2025
Daksha Legal
Trademarks Act. A company in liquidation loses its proprietary rights and goodwill over a trade mark when it has been continuously out of use for a long period. Its non-use is not covered by ‘special circumstances’ under Section 47(3). Karnataka High Court.
01-December-2025
Daksha Legal
Purchaser of undivided share from a coparcener cannot insist on allotment of a particular developed portion in the partition when the construction was without the consent of the other coparceners. Karnataka High Court.
01-December-2025
Daksha Legal
Karnataka Police Act. In all externment proceedings, the Assistant Commissioner need not record whether witnesses are willing or unwilling to testify if the person remains within the jurisdiction. Karnataka High Court.
01-December-2025
Daksha Legal
Stamp Act. Court has the statutory power to impound any document that is insufficiently stamped at any stage of the proceedings even after the disposal of the suit and to direct the payment of deficit stamp duty and penalty. Karnataka High Court.
29-November-2025
Daksha Legal
A mother-in-law is entitled to seek the eviction of her daughter-in-law from her self-acquired property after the death of her son, provided that the eviction is necessary and expedient to ensure the senior citizen’s maintenance, protection, and dignified residence. Karnataka High Court.
28-November-2025
Daksha Legal
Industrial Disputes Act. Where ‘special casual leave’ effectively amounts to a lay-off, any declaration of such a lay-off without the mandatory prior permission of the Government is illegal. The workmen are entitled to wages for the lay-off period, and the burden of proving that the workmen were gainfully employed elsewhere rests on the employer. Karnataka High Court.
29-November-2025
Daksha Legal
An error in the FIR relating to the description of the offence is not fatal, as it can be corrected after investigation while filing the police report, and the Trial Court retains the power to amend or alter the charge accordingly. Karnataka High Court.
28-November-2025
Daksha Legal
Land acquisition Act of 2013. Claimants who did not initially seek enhancement are entitled to seek redetermination of compensation under Section 28A(3), in line with the final award. The Reference Court cannot dismiss such a petition as time-barred, since there is no prescribed limitation period for challenging an order passed under Section 28A(2) while seeking a reference under Section 28A(3). Karnataka High Court.
28-November-2025
Daksha Legal
District Government Pleader. State action relating to appointments or removals must conform to the mandate of Article 14 of the Constitution of India. The abrupt cancellation or termination of an appointment within 24 hours, without assigning any reason, amounts to arbitrary exercise of power, violates Article 14, and is liable to be quashed. Karnataka High Court.
28-November-2025
Daksha Legal
Criminal complaint for cheating and a complaint for cheque dishonour arising from the same transaction are maintainable simultaneously, as they are based on two distinct acts, the initial fraudulent inducement and the subsequent failure to honour a legally dischargeable debt. Karnataka High Court.
27-November-2025
Daksha Legal
Arbitration & Conciliation Act, 1996. An Arbitral Tribunal's award of interest higher than the rate expressly stipulated in the contract on contractual amounts constitutes a patent error and is liable to be set aside under Section 34/37 to the extent of the excess interest awarded. Karnataka High Court.
27-November-2025
Daksha Legal
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