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  Criminal Law. Separate trials for distinct offenses are not inherently illegal. However, if offenses could've been tried jointly and separation prejudices the accused, a joint trial is warranted. The key factor is whether the separate trial compromised the accused's rights or led to a miscarriage of justice. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
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  Caste verification. Appellate Authority can be regarded as ‘Functus Officio’ only after an order on merits is passed. If no order on merits is passed and the appeal is withdrawn, it cannot be said that the Appellate Authority is rendered ‘Functus Officio’. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
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  Bombay Tenancy and Agriculture Lands Act. A subsequent purchaser cannot set up a claim of surrender of tenancy to the landlord in terms of Subsection (3) of Section 5. It is for the landlord to have set up such a surrender and established the same. Karnataka High Court.

  • 31-March-2025
  • Daksha Legal
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  A General Power of Attorney duly executed and notarized carries a presumption of validity under Section 85 of the Indian Evidence Act. Mere execution of a cancellation deed and its registration under Book IV of the Registration Act does not amount to constructive notice to third parties. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
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  Rejection of plaint. Mere suit for declaration without consequent prayer for recovery of possession is not maintainable. Such plaint is liable to be rejected. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
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  BDA scheme for residential apartments. Purchaser of a residential property is liable to pay GST if booking is made prior to completion of construction. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
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  Once a property is brought under BBMP limits, the Karnataka Land Revenue Act ceases to apply. Denial of a consolidated Khatha on the ground of non-conversion of the land is not sustainable. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
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  Commercial Courts Act. Suit for ejection in respect of a commercial premises with prayer for award of mesne profit falls within the jurisdiction of commercial court under Section 2(1)(c)(vii). Karnataka High Court.

  • 29-March-2025
  • Daksha Legal
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  Prevention of Money Laundering Act. For issuance of summons, the person need not be an accused in the schedule offence as long as the predicate offence is pending in jurisdictional Court for which summoning has been done for recording evidence or production of documents during the course of investigation or proceedings under the Act. Karnataka High Court.

  • 29-March-2025
  • Daksha Legal
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  Compensation awarded for the acquisition of agricultural land is not subject to taxation under the Income Tax Act. Any deduction of TDS without proper classification of the land as non-agricultural is illegal. Karnataka High Court.

  • 29-March-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. A neutral venue mutually agreed upon by the parties does not need to have jurisdiction in the traditional sense. Even if no part of the cause of action arises at the chosen venue, arbitration proceedings may still be held there, and the courts at that venue will have jurisdiction over matters related to the arbitral award. Karnataka High Court.

  • 29-March-2025
  • Daksha Legal
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  In matrimonial disputes, criminal proceedings under Section 498A IPC cannot be sustained based on vague, omnibus allegations, particularly against aged in-laws living separately. Unexplained delay in filing an FIR casts doubt on the credibility of allegations. Karnataka High Court.

  • 29-March-2025
  • Daksha Legal