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  Freedom of speech under Article 19(1)(a) of the Constitution includes the right to dissent and criticize government policies. Criminal prosecution for such expression constitutes an abuse of the legal process. Karnataka High Court.

  • 27-March-2025
  • Daksha Legal
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  Karnataka Court Fees and Suit Valuation Act. In partition suits, if a plaintiff claims joint possession, the suit can be valued under Section 35(2). The possession of one co-owner is presumed to be possession of all unless specifically excluded. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  When an appellate authority sets aside an order nullifying sale deeds, the revenue authorities are duty-bound to restore the vendor’s name in RTC records. A validly executed sale deed entitles the purchaser to seek mutation, and unnecessary delays by revenue officials constitute inaction warranting judicial intervention through a writ of mandamus. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
• 

  The right to dissent in a legitimate and lawful manner is an integral part of the fundamental rights. A social media post or political criticism based on government documents does not amount to an offense under Sections 153A or 505 IPC unless it explicitly incites enmity or public disorder. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  A suit for partition cannot be maintained during the lifetime of a father if the property was inherited under Section 8 of the Hindu Succession Act. Mere receipt of property from a father does not make it ancestral unless it was inherited as joint family property. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  High Court can reject a plaint in a matter brought before it from an interlocutory order, when the suit itself is not maintainable. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  When agricultural land is converted for non-agricultural purposes, no encumberance certificate is issued in respect of the said converted land post such conversion. The fact of conversion shall be made in the revenue records. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  A compromise decree that excludes legal heirs is not binding on them. Courts have the power to grant partition instead of mere declaration when justified by the facts of the case. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Children from a second marriage are entitled to a share in their father’s share in ancestral property, even if their mother had relinquished her rights. Any sale of joint family property without the consent of all co-owners does not affect the inheritance rights of non-consenting legal heirs. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. Once the moratorium begins under the IBC, the company’s management vests with the Interim Resolution Professional under Section 17 of IBC, and the director cannot be held criminally liable for non-payment of dishonored cheques. Supreme Court.

  • 19-March-2025
  • Daksha Legal
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  A suit for partition cannot be valued under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, unless joint possession is specifically pleaded and established. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  A registered owner cannot be restrained from dealing with his property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act applies to protect the plaintiffs’ interest, making an injunction against alienation unnecessary. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal