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  Hindu Law. A son born after a father receives ancestral property in a partition is entitled to a share in that property as his birth reconstitutes the coparcenary, unless the property was alienated before his birth. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal
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  Title in immovable property cannot be created solely through a ‘varadhi’ (report) or revenue entries. The presumption of truth attached to revenue entries is rebuttable and can be nullified by producing valid, legally acceptable evidence, such as a deed of sale. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal
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  Commercial Courts Act. Indulgence defeats the very raison d'être. A defendant who fails to produce all documents in its power, possession, or custody along with the written statement is barred from doing so later unless they can establish a ‘reasonable cause’ for the non-disclosure. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal
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  A sale deed that only records payment of consideration, without actual payment, is void ab initio. A third party to such a void sale deed is not required to initiate separate proceedings for its cancellation. Supreme Court.

  • 16-September-2025
  • Daksha Legal
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  Civil Procedure Code. A counter claim can be directed only against plaintiff, even if it incidentally involves a co-defendant. A counter claim aimed solely at a co-defendant is not maintainable. Supreme Court.

  • 16-September-2025
  • Daksha Legal
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  Town Planning. Mandatory setback for high-rise buildings must be applied to each structure separately, not to a combined ‘cluster’ to ensure fire safety, prevent the spread of fire, and provide safe evacuation routes. A builder cannot bypass this requirement by declaring multiple buildings as a single block. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  A will bequeathing property for which occupancy rights were granted under the Karnataka Land Reforms Act is deemed to be an 'alienation' and is invalid if it violates a statutory condition of non-alienation attached to the grant of those rights. The property vests with the State Government free from all encumbrances. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  Karnataka High Court orders demolition of constructions built within the mandatory setback areas of individual buildings, where the developer attempted to treat multiple high-rise structures as a single block to avoid the setback requirement.

  • 15-September-2025
  • Daksha Legal
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  Suit for partition. A mere existence of a contentious or triable issue in a partition suit does not entitle the plaintiffs to an automatic injunction restraining alienation, particularly when they have not sought a declaration to set aside the earlier sale deeds. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  Karnataka Co-operative Societies Act. On the expiry of the term of office of the Board of Directors, a Joint Registrar cannot automatically assume the role of an administrator and function as the Board of Management without the requirement of any particular separate/formal order. Karnataka High Court.

  • 15-September-2025
  • Daksha Legal
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  SARFAESI Act. Under Section 14 the Magistrate performs only ministerial function. He has no authority to adjudicate disputes or entertain objections from borrowers or third parties. Karnataka High Court.

  • 13-September-2025
  • Daksha Legal
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  Unregistered power of attorney is admissible as evidence if it explicitly states that no consideration was paid for it and is therefore not required to be registered. Court is not permitted to go beyond the recitals of the document to determine its admissibility. Karnataka High Court.

  • 13-September-2025
  • Daksha Legal