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  Where a judgment debtor has been put on notice at every stage of the execution proceedings leading up to an auction sale and has either participated or acquiesced by taking no action to raise a material irregularity, he is precluded from subsequently seeking to set aside the sale on that very ground. Supreme Court.

  • 27-November-2025
  • Daksha Legal
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  Resjudicata. A mixed question of law and fact once decided between the same parties cannot be reopened in later proceedings and the interpretation of a statute will operate as res judicata where the cause of action remains the same. A pure question of law involving the court’s jurisdiction or validating an illegality is not barred by res judicata, since procedural rules cannot override substantive law. Karnataka High Court.

  • 26-November-2025
  • Daksha Legal
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  A lease renewal or extension clause is not absolute and cannot be specifically enforced where it expressly makes renewal subject to the lessor’s consent. If the landlord refuses consent after the original term expires, the tenancy lawfully ends and the tenant’s continued possession becomes unlawful. Karnataka High Court.

  • 26-November-2025
  • Daksha Legal
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  Karnataka Minor Mineral Concession Rules. A quarrying lease for an area less than the mandatory minimum of two acres can be granted only if it falls under a cluster approach and implements common Environmental Management Plan. In the absence of such material, the rejection of the application is valid and cannot be faulted. Karnataka High Court.

  • 26-November-2025
  • Daksha Legal
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  In a suit for cancellation of a sale deed where the deed itself reflects the property's value, the court fee must be paid ad valorem on that stated value. Valuation based on land assessment applies only when no material exists to determine market value. Karnataka High Court.

  • 26-November-2025
  • Daksha Legal
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  Withholding of monthly salary from employees, even under the pretext of pending litigation challenging their appointment, for an extended period despite their continuous discharge of duties, constitutes a form of 'begar' or forced labor and is a direct violation of the fundamental right guaranteed under Article 23 of the Constitution of India. Karnataka High Court.

  • 26-November-2025
  • Daksha Legal
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  The Motor Accident Claims Tribunal shall reject a petition where the claimant fails to prove the accident and involvement of the vehicle, especially when there is unexplained delay in filing the FIR and major inconsistencies in records suggesting false implication of the insured vehicle. Karnataka High Court.

  • 25-November-2025
  • Daksha Legal
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  Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate. Its power to conduct a detailed investigation emerges only upon a specific reference made by the District Caste Verification Committee. Karnataka High Court.

  • 25-November-2025
  • Daksha Legal
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  When a civil court declares, confirms, or recognizes ownership rights under a decree and when the applicants seek only entry of their proportionate shares in the parent RTC, production of 11-E sketch cannot be insisted. 11-E sketch is mandatory only when separate Khata issuance or alienation of the allotted portion with sub-numbers is sought. Karnataka High Court.

  • 25-November-2025
  • Daksha Legal
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  Legal insanity under Section 84 IPC requires proof of incapacity at the time of the offence. Mere medical evidence is insufficient. Failure to meet this burden bars any later claim, including relief under Section 105 of the Mental Healthcare Act. Karnataka High Court.

  • 25-November-2025
  • Daksha Legal
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  Karnataka Police Act. In externment proceedings, full police record and copies of the documents need not be provided. It is sufficient to provide the proposed externee with a written summary of the material allegations. Karnataka High Court.

  • 25-November-2025
  • Daksha Legal
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  No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. Karnataka High Court.

  • 24-November-2025
  • Daksha Legal