• 

  Lands vested with the Government under the Karnataka Certain Inam Abolition Act cannot be declared as Wakf properties without first challenging the Land Tribunal's order or the statutory vesting. Karnataka High Court.

  • 04-September-2024
  • Daksha Legal
• 

  Suit under Section 92 of CPC. The plaintiffs must prove trust's public/charitable purpose, breach of trust or need for court intervention and establish specified relief. Karnataka High Court.

  • 04-September-2024
  • Daksha Legal
• 

  Hindu Succession Act. Daughters cannot claim share in the properties of a person dying intestate before the commencement of the Hindu Succession Act. Karnataka High Court.

  • 03-September-2024
  • Daksha Legal
• 

  Suit for declaration of title of agricultural lands. Actual market value is only for the purpose of pecuniary jurisdiction and the court fee is based on 25 times of the land revenue. Karnataka High Court.

  • 03-September-2024
  • Daksha Legal
• 

  Transfer of Property Act. Unlike mortgage, charge over a property does not either transfer a property or any interest thereof, but it only creates a right of payment out of the specified property. Karnataka High Court.

  • 03-September-2024
  • Daksha Legal
• 

  Karnataka Co-Operative Societies Act. Civil suit by a co-operative society for injunction in respect of mortgaged property is not maintainable in view of Sections 70 and 71. Karnataka High Court.

  • 03-September-2024
  • Daksha Legal
• 

  Pre-emption under Muslim Law. Party seeking to enforce a customary right must rigorously comply with all the requisite elements and stipulations, as failure to do so will disentitle their claim. Karnataka High Court.

  • 03-September-2024
  • Daksha Legal
• 

  Bombay Public Trust Act. Suit against the Public Trust or Trustee or Beneficiaries without prior consent of Charity Commissioner is not maintainable.

  • 30-August-2024
  • Daksha Legal
• 

  Amendment of pleadings that seek to alter the character of a suit and defeat accrued rights due to limitation should be refused. Karnataka High Court.

  • 30-August-2024
  • Daksha Legal
• 

  Indian Succession Act. Even a legatee of the Will can apply for grant of probate of Will. Karnataka High Court.

  • 28-August-2024
  • Daksha Legal
• 

  Question of limitation based on fraud is a mixed question of law and fact and plaint cannot be rejected on this ground. Karnataka High Court.

  • 27-August-2024
  • Daksha Legal
• 

  BDA Act. Allottees who are unable to secure possession of the allotted sites shall be allotted stray sites that have become available to BDA. KHC.

  • 27-August-2024
  • Daksha Legal