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  Wakf. A suit instituted by a Wakf Institution cannot be dismissed as not maintainable or abated solely because the Mutawalli who filed the suit has been removed from office or has seen their term expire. Since the Institution itself is the suitor, the litigation must continue to protect the underlying public or religious interest. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  Kartha of a Hindu Joint Family possesses the legal authority to alienate ancestral property without the consent of other coparceners, provided the alienation is for 'legal necessity' or for the 'benefit of the estate'—such as meeting the expenses for a daughter’s marriage or family maintenance. Once such necessity is proved, the sale is binding on all members of the joint family. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  When a non-executant seeks declaration that the sale deed is null or void and does not bind on him, he has to merely pay court fee on the value of the reliefs sought and not ad valorem court-fee on the sale consideration mentioned in the sale deeds. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  ‘Pot Kharab’ lands falling under Rule 21(2)(a) of the Karnataka Land Revenue Rules belong to the landowner. When such lands are acquired, the landowners are entitled for compensation. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Commercial Courts Act: An order passed by a Commercial Court rejecting a plaint amounts to a “decree” under Section 2(2) of the CPC. The aggrieved party must prefer a commercial appeal under Section 13(1A) of the Act. A writ petition under Article 227 of the Constitution is not maintainable when such an alternative and efficacious statutory remedy of appeal exists. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  An arbitral award is liable to be set aside if it is rendered by an authority lacking jurisdiction. An award passed under the National Highways Act by a Deputy Commissioner who has no territorial jurisdiction is a nullity. Such a defect goes to the root and cannot be cured by consent or waiver of the parties. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  BDA Act. Development scheme does not lapse if it has been substantially implemented. Where possession is taken, infrastructure is formed, sites are allotted, conveyances are registered and third-party rights are created, the acquisition becomes complete and irreversible. Deposit of compensation in the government treasury amounts to valid payment. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Criminal Law: When a death sentence is commuted to life imprisonment with a direction to serve the sentence “in terms of Section 57 of the IPC,” the same cannot be construed as limiting the sentence to a fixed term of twenty years. Life imprisonment means imprisonment for the remainder of the convict’s natural life, unless further commuted in accordance with law. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Karnataka Panchayat Raj Rules. Panchayat has no jurisdiction to invoke summary eviction proceedings in respect of private properties. Any summary order for demolition or eviction passed without first establishing the land's public character through the proper adjudicatory process is void ab initio and a nullity in law. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  State Financial Corporation cannot ignore the guidance value fixed by the Government for assessing loan eligibility of an applicant. The Corporation cannot adopt private or 'presumptive' valuation methodologies that result in a lower property value than the official guidance value established by the State's Revenue Department. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Motor Vehicles Act. Section 164 provides a fixed compensation of 5,00,000 on a no-fault basis, removing earlier income limits under Section 163-A. The insurer bears the burden to prove absence of a valid driving licence through cogent evidence, such as RTO records or official testimony. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal
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  Default Bail. If the approval to invoke the Karnataka Control of Organised Crime Act is subsequently quashed, the investigation will be governed by the standard timeline under the BNSS/Cr.P.C. The time to file the chargesheet will be 90 days instead of 180 days. The subsequent quashing of the approval “resets” the clock to the 90-day limit, and failure to file the final report within that period entitles the accused to immediate release. Karnataka High Court.

  • 23-March-2026
  • Daksha Legal