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Judgements
A subsequent purchaser of a property is bound by the arbitration clause in the original agreement, even if they were not a signatory, provided his vendor was a party to that agreement. Karnataka High Court.
22-April-2025
Daksha Legal
PTCL Act. When once the granted land has been resumed and restored to the grantee, second proceeding for resuming the same land sold after the resumption is illegal and without jurisdiction. Karnataka High Court.
22-April-2025
Daksha Legal
State Financial Corporation Act. In proceedings under Sections 31 and 32, where the enforcement of a surety's liability is sought, the court's investigation is primarily limited to determining the validity of the financial corporation's claim. Karnataka High Court.
22-April-2025
Daksha Legal
When a person’s name has been lawfully entered in the Record of Rights on the basis of a registered sale deed, and is subsequently removed due to fraudulent misrepresentation, the revenue authorities are duty-bound to correct the records and reinstate the rightful entry. Karnataka High Court.
21-April-2025
Daksha Legal
A suit for injunction based solely on an agreement to sell is not maintainable as it does not create any interest in the property. The plaint can be rejected under Order VII Rule 11 of the Code of Civil Procedure. Supreme Court.
21-April-2025
Daksha Legal
When lands are acquired under the Petroleum Pipelines (Acquisition of Right of User in Land) Act, Court cannot award solatium and interest as provided under the Land Acquisition Act. Karnataka High Court.
21-April-2025
Daksha Legal
Mere utterance of the words 'go and die' does not, by itself, fulfill the ingredients of abetment to suicide. Statements made during a quarrel or in the heat of the moment cannot be presumed to have been made with the requisite mens rea. Karnataka High Court.
21-April-2025
Daksha Legal
A municipality is obligated to honor its resolution with a private party, particularly when it has derived benefits from the resolution and when third-party rights have arisen in reliance upon it. Karnataka High Court.
21-April-2025
Daksha Legal
Family Courts retain jurisdiction over property disputes if the property was acquired during the subsistence of the marriage. Such disputes are considered to arise directly from the marital relationship, notwithstanding the parties' subsequent divorce. Karnataka High Court.
17-April-2025
Daksha Legal
Once a valid title is acquired through a registered sale deed, revenue authorities are obligated to change the khata as per the deed. Revenue officials cannot question the validity of the sale deed or GPA since such matters are under the purview of a civil court. Karnataka High Court.
17-April-2025
Daksha Legal
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be applied to a partition deed executed before the Act came into force. If a partition deed does not include a clause requiring the allottee to provide basic amenities and physical needs to senior citizens, the competent authority cannot exercise power under Section 23 of the Act to cancel the partition deed. Karnataka High Court.
17-April-2025
Daksha Legal
Land transactions before the issuance of the final notification for land acquisition under the Bangalore Development Authority Act, 1976, are valid and not restricted by the Karnataka Land Restriction of Transfer Act, 1991. Karnataka High Court.
17-April-2025
Daksha Legal
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