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  Hindu Succession Act. A son or grandson cannot claim coparcenary rights by birth in property that has devolved upon his father in his individual capacity under Section 8 of the Hindu Succession Act, 1956.

  • 12-November-2026
  • Daksha Legal
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  Hindu Law. A son-in-law does not become a member or coparcener of his father-in-law’s Hindu joint family merely by residing with the family or assisting in acquiring properties. Any contribution towards joint acquisition may support a claim of co-ownership, subject to proof, but does not confer coparcenary status. Karnataka High Court.

  • 13-November-2026
  • Daksha Legal
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  Service Law. Mere assignment of additional duties, even for a considerable period, does not confer a vested right to the status, designation or pay scale attached to another post. Creation of posts, determination of cadre strength and fixation of pay scales fall within the executive domain. A writ of mandamus cannot be issued to compel creation of a non-existent post or grant service benefits contrary to the governing recruitment and cadre rules. Karnataka High Court. 2026 Daksha Legal Kar 1801

  • 12-November-2026
  • Daksha Legal
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  CPC. Order XXI Rule 85 which requires a court auction purchaser to pay the full purchase money into court before the court closes on the fifteenth day from the date of sale are strictly mandatory. Non-compliance with this 15-day time limit renders the entire auction sale and the subsequent issuance of a sale certificate a complete nullity. Karnataka High Court.

  • 13-November-2026
  • Daksha Legal
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  Order VII Rule 11 CPC. Findings recorded by the High Court in earlier proceedings arising under a special statute cannot, by themselves, constitute a ground for rejection of a plaint in a subsequent civil suit involving disputed questions of title and allegations of fraud. The plea of res judicata, requiring examination of earlier pleadings, issues and judgments cannot be decided by conducting a mini-trial at the stage of rejection of plaint. Karnataka High Court.

  • 12-November-2026
  • Daksha Legal
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  Order XLI Rule 27 CPC. Additional evidence at the appellate stage must have a foundation in the existing pleadings. An appellate court cannot reject an amendment of pleadings yet permit additional evidence to substantiate the very case sought to be introduced through that amendment, when such evidence falls outside the existing pleadings. Karnataka High Court.

  • 12-November-2026
  • Daksha Legal
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  Public Trust. Section 92 CPC applies only to representative suits concerning an alleged breach of trust or seeking directions for the administration of a public charitable or religious trust; it does not extend to disputes involving individual civil rights arising from a trust. A suit seeking enforcement of an individual's personal or civil rights arising from a Trust Deed does not fall within Section 92. Karnataka High Court.

  • 12-November-2026
  • Daksha Legal
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  Daughters who seek a share in family properties by filing a suit for partition against their parents cannot evade their obligation to maintain their parents or shift the entire burden onto their brothers. Both sons and daughters are under a statutory and moral obligation to maintain their parents under Section 125 of the Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 1739

  • 08-November-2026
  • Daksha Legal
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  “Charges payable by citizens for a specific service cannot be equated with a tax, which is a compulsory exaction of money without any element of quid pro quo.” The BDA cannot levy betterment charges from a property owner without implementing a development scheme that provides benefits such as improved connectivity, better infrastructure or other civic amenities. Karnataka High Court. 2026 Daksha Legal Kar 1742

  • 08-November-2026
  • Daksha Legal
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  Once land traditionally classified as a tank has completely lost its characteristics as a water body and has been officially reassigned for public and governmental purposes, planning authorities cannot treat it as a functional tank and impose mandatory buffer zone. A subsequent Master Plan cannot annul valid statutory re-assignments of land. Karnataka High Court. 2026 Daksha Legal Kar 1748

  • 08-November-2026
  • Daksha Legal
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  Once the park area in a private layout is relinquished and vested in a local or planning authority, the statutory duty to maintain the park in a clean and proper condition rests squarely with that authority. The authority cannot abdicate or shift its public duty to maintain the park by relying on conditions imposed upon private layout developers under work orders. Karnataka High Court. 2026 Daksha Legal Kar 1753

  • 08-November-2026
  • Daksha Legal
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  Public Service Commission cannot disregard a valid Transfer Certificate and Cumulative Record to establish the date of birth when the mistake has crept in in the SSLC marks card which was corrected later. An aspirant of public employment who met all required criteria and fulfilled all prescribed requirements should not be deprived of an opportunity merely because of such a mistake. Karnataka High Court.

  • 07-November-2026
  • Daksha Legal