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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
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  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
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  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
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  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
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  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
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  Karnataka Land Reforms Act. ‘Agriculture’ includes raising of grass. If there is evidence to show that a party is in possession of agricultural land, cultivates it and pays land revenue, he is entitled to occupancy rights. Karnataka High Court.

  • 29-April-2025
  • Daksha Legal
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  Karnataka Rent Act. Carpet area and the area covered by the walls of the premises, constitutes ‘plinth area’, which is to be taken into consideration for the purpose of application of the Act. Karnataka High Court.

  • 29-April-2025
  • Daksha Legal
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  Upon execution of the sale deed and payment of stamp duty, the agreement to sell merges with the sale deed. No additional stamp duty is payable on the agreement unless the sale consideration differs between the two documents. Karnataka High Court.

  • 29-April-2025
  • Daksha Legal
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  Prevention of Corruption Act. Presumption under Section 20 of the Act arises only after the prosecution proves the demand and acceptance. The appellate Courts should not lightly interfere in acquittals unless findings are perverse. Karnataka High Court.

  • 29-April-2025
  • Daksha Legal
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  Grounds of arrest. Constitutional courts should not overstep by scrutinizing every detail of the grounds for arrest or second-guessing the investigating authority's discretion. As long as the grounds reflect a clear application of mind and are not based on arbitrariness, the court's role is limited. It cannot substitute its own judgment for that of the investigating authority. Karnataka High Court.

  • 29-April-2025
  • Daksha Legal
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  Municipal Corporation cannot rescind a khata in its entirety when the dispute involves only portions of the land. Appellate Tribunal must tailor its orders to the scope of the dispute and the parties involved, rather than issuing blanket cancellations. Karnataka High Court.

  • 28-April-2025
  • Daksha Legal