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  Interim maintenance for a wife and child should be granted consistently, liberally to ensure survival during proceedings. An order denying interim maintenance to a wife while granting it to the child, without sufficient grounds, is unsustainable, especially when considering the respondent's admitted high income. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Karnataka Police Act. For non-cognizable offences, the police cannot initiate an investigation or file a charge-sheet without strict adherence to Section 155(1) and 155(2). The informant must be referred to the Magistrate, and the Magistrate must pass a reasoned, explicit order permitting the investigation, rather than a mere endorsement, otherwise, the entire proceedings are invalid and must be quashed. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  A court can strike off a defendant's defence under Order VI Rule 16 read with Section 151 of the CPC when there is a persistent and wilful failure to comply with court orders for payment of rent, as such conduct constitutes contumacious defiance and an abuse of the court's process. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Right to inherit tenancy in tenanted lands is exclusively limited to individuals falling within the statutory definition of ‘family’. Married daughter is expressly excluded from this definition and possesses no inheritable right to her father's tenanted land. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  For a married woman seeking a caste and income validity certificates, only her father's income should be considered, and her husband's income is irrelevant for this purpose. Public officials who disregard this settled law and cause delays in issuing such certificates will face exemplary costs payable from their personal funds. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  Arrears of maintenance accrued during the lifetime of wife is not a personal right that abates upon her death. It constitutes an enforceable debt that forms part of her estate and can be pursued by her legal heirs. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act. Land grant by way of regularization of unauthorized occupation does not fall within the purview of ‘granted land’. Non-alienation condition imposed on such a grant, or the requirement to obtain permission under Section 4(1) of the PTCL Act for its alienation, is legally unsustainable and without jurisdiction. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  Co-operative Society of allottees is legally empowered under RERA to both agitate the rights of allottees against the developer and undertake the maintenance of the apartment complex, including common areas and amenities, irrespective of the completion status or individual occupancy of units within the complex. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  Gram Panchayat has no power to regulate and approve development activities, including the right to levy and collect tax within industrial estates formed by the KIADB since such power vests exclusively with the KIADB. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  A police investigation and subsequent legal proceedings, including the taking of cognizance and issuance of process, for an offence classified as non-cognizable under the Bharatiya Nagaraik Suraksha Sanhita, 2023 (BNSS, 2023), are void and must be quashed if conducted without the explicit prior order of a jurisdictional Magistrate, as mandated by Section 174(2) of the BNSS, 2023. Karnataka High Court.

  • 08-July-2025
  • Daksha Legal
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  When an industrial land allottee fails to implement the project and does not challenge a modified allotment, the allotting authority's cancellation of the allotment is proper, and the allottee is barred from claiming rights under the original terms due to acquiescence and waiver, especially if third-party rights have been created. Karnataka High Court.

  • 08-July-2025
  • Daksha Legal
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  An employee of a private aided college is not a 'State Servant' under the Karnataka State Servants (Determination of Age) Act. Civil suit for date of birth rectification in school records is maintainable. Karnataka High Court.

  • 08-July-2025
  • Daksha Legal