In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
  • 24-June-2025
  • Daksha Legal
Judgement
Karnataka SC-ST PTCL Act. Conversion of land for non-agricultural purposes will operate as prior permission to sell only if the land is converted by the original grantee and not by the purchaser. Karnataka High Court.
Karnataka SC-ST PTCL Act. Conversion of land for non-agricultural purposes will operate as prior permission to sell only if the land is converted by the original grantee and not by the purchaser. Karnataka High Court.
  • 24-June-2025
  • Daksha Legal
Judgement
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
News
Land Acquisition Act. Three months’ time mentioned in Section 28-A(1) and the proviso thereof is required to be calculated from the date of the award passed under Section 18, enhancing the compensation and not from the date of knowledge of the applicant of such enhancement. Karnataka High Court.
Land Acquisition Act. Three months’ time mentioned in Section 28-A(1) and the proviso thereof is required to be calculated from the date of the award passed under Section 18, enhancing the compensation and not from the date of knowledge of the applicant of such enhancement. Karnataka High Court.
  • 24-June-2025
  • Daksha Legal
Judgement
A suit for partition of joint family properties is based on a 'continuing cause of action' and is generally not barred by Order II Rule 2 of the Code of Civil Procedure, 1908, even if certain properties were omitted from a previous suit, unless the causes of action in both suits are identical in substance. Karnataka High Court.
A suit for partition of joint family properties is based on a 'continuing cause of action' and is generally not barred by Order II Rule 2 of the Code of Civil Procedure, 1908, even if certain properties were omitted from a previous suit, unless the causes of action in both suits are identical in substance. Karnataka High Court.
  • 24-June-2025
  • Daksha Legal
Judgement
A coparcener or sister cannot relinquish the share in favour of one coparcener only. The relinquishment benefits the entire joint family and does not confer an exclusive share upon a named beneficiary. Karnataka High Court.
A coparcener or sister cannot relinquish the share in favour of one coparcener only. The relinquishment benefits the entire joint family and does not confer an exclusive share upon a named beneficiary. Karnataka High Court.
  • 24-June-2025
  • Daksha Legal
Judgement
Validity of marriage cannot be gone into by Courts while considering the applications for maintenance under Section 12 of the Protection of Woman from Domestic Violence Act or Section 125, Cr.P.C. Karnataka High Court.
Validity of marriage cannot be gone into by Courts while considering the applications for maintenance under Section 12 of the Protection of Woman from Domestic Violence Act or Section 125, Cr.P.C. Karnataka High Court.
  • 23-June-2025
  • Daksha Legal
Judgement
Land Acquisition Act. Application under Section 28-A for redetermination of the award can be filed by referring to an award passed under Section 18 without producing a certified copy of the said award. Karnataka High Court.
Land Acquisition Act. Application under Section 28-A for redetermination of the award can be filed by referring to an award passed under Section 18 without producing a certified copy of the said award. Karnataka High Court.
  • 23-June-2025
  • Daksha Legal
Judgement
A second suit for partition of joint family properties is not maintainable if such properties were known to the parties at the time of a previous, comprehensive partition suit. Second suit violates the principles of res judicata under Order II Rule 2 of the Civil Procedure Code. Karnataka High Court.
A second suit for partition of joint family properties is not maintainable if such properties were known to the parties at the time of a previous, comprehensive partition suit. Second suit violates the principles of res judicata under Order II Rule 2 of the Civil Procedure Code. Karnataka High Court.
  • 23-June-2025
  • Daksha Legal
Judgement

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Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article