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  A rival operator does not have the locus standi to challenge the grant of a 'No Objection Certificate' for setting up a competing petroleum unit solely on the grounds of business competition/ business loss. Karnataka High Court.

  • 28-May-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act & Karnataka Forest Act. Trees standing on the land as on the date of grant regularising the unauthorised occupation is the property of the government. Karnataka High Court.

  • 27-May-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Mere proposal for acquisition of land by Government cannot be a ground to reject conversion of the land. Karnataka High Court.

  • 28-May-2025
  • Daksha Legal
• 

  Limitation Act. When calculating the delay in filing an appeal, the time spent prosecuting a Civil Revision Petition that was dismissed on jurisdictional grounds must be excluded, as per Section 14. Karnataka High Court.

  • 27-May-2025
  • Daksha Legal
• 

  Objections regarding pecuniary jurisdiction of trial court can be raised in an appeal against an interlocutory order when the suit is still pending. Bar under Section 21 of CPC applies only to appeals against final judgment and decree. Karnataka High Court.

  • 27-May-2025
  • Daksha Legal
• 

  ‘’Privilege of legislative speech must be woven with the fibers of responsibility and ethical conduct. The legislature is not a sanctuary for defamation or gendered invective, rather an institution where robust debate must be tempered with decorum and respect.’’ Karnataka High Court.

  • 29-May-2025
  • Daksha Legal
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  Karnataka Public Premises (Eviction of Unauthorised Occupiers) Act. When a dispute of title is raised against a show-cause notice issued under the Act, the Estate Officer does not have the jurisdiction to decide such disputed questions of title; such disputes can only be adjudicated by a competent Civil Court. Karnataka High Court.

  • 27-May-2025
  • Daksha Legal
• 

  Karnataka Forest Act. There is a statutory presumption that forest produce belongs to the State government, which can be rebutted by the person against whom the offence is alleged, requiring them to provide evidence to establish their claim or right to the produce. Karnataka High Court.

  • 26-May-2025
  • Daksha Legal
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  A show cause notice seeking to declare a borrower a willful defaulter is legally invalid if it is issued by a committee not constituted in accordance with the mandatory guidelines of the Reserve Bank of India. Karnataka High Court.

  • 26-May-2025
  • Daksha Legal
• 

  Karnataka Co-operative Societies Rules. The Chief Executive Officer is required to prepare a list of ineligible voters and issue notices to them. There is no requirement to issue notice to eligible voters. Karnataka High Court.

  • 26-May-2025
  • Daksha Legal
• 

  Criminal Law. When a case relies heavily on a dying declaration, the court must meticulously examine its veracity, consistency, and the surrounding circumstances. If the prosecution's case is marred by significant inconsistencies and procedural lapses, the accused is entitled to acquittal. Karnataka High Court.

  • 26-May-2025
  • Daksha Legal
• 

  Karnataka Stamp Act. If a document is already adjudicated and the stamp duty is paid, the trial court cannot impound the same document again under Section 34 of the Act and direct payment of stamp duty and penalty for a second time. Karnataka High Court.

  • 26-May-2025
  • Daksha Legal