Family Courts retain jurisdiction over property disputes if the property was acquired during the subsistence of the marriage. Such disputes are considered to arise directly from the marital relationship, notwithstanding the parties' subsequent divorce. Karnataka High Court.
Family Courts retain jurisdiction over property disputes if the property was acquired during the subsistence of the marriage. Such disputes are considered to arise directly from the marital relationship, notwithstanding the parties' subsequent divorce. Karnataka High Court.
  • 17-April-2025
  • Daksha Legal
Judgement
Once a valid title is acquired through a registered sale deed, revenue authorities are obligated to change the khata as per the deed. Revenue officials cannot question the validity of the sale deed or GPA since such matters are under the purview of a civil court. Karnataka High Court.
Once a valid title is acquired through a registered sale deed, revenue authorities are obligated to change the khata as per the deed. Revenue officials cannot question the validity of the sale deed or GPA since such matters are under the purview of a civil court. Karnataka High Court.
  • 17-April-2025
  • Daksha Legal
Judgement
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
News
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be applied to a partition deed executed before the Act came into force. If a partition deed does not include a clause requiring the allottee to provide basic amenities and physical needs to senior citizens, the competent authority cannot exercise power under Section 23 of the Act to cancel the partition deed. Karnataka High Court.
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be applied to a partition deed executed before the Act came into force. If a partition deed does not include a clause requiring the allottee to provide basic amenities and physical needs to senior citizens, the competent authority cannot exercise power under Section 23 of the Act to cancel the partition deed. Karnataka High Court.
  • 17-April-2025
  • Daksha Legal
Judgement
Land transactions before the issuance of the final notification for land acquisition under the Bangalore Development Authority Act, 1976, are valid and not restricted by the Karnataka Land Restriction of Transfer Act, 1991. Karnataka High Court.
Land transactions before the issuance of the final notification for land acquisition under the Bangalore Development Authority Act, 1976, are valid and not restricted by the Karnataka Land Restriction of Transfer Act, 1991. Karnataka High Court.
  • 17-April-2025
  • Daksha Legal
Judgement
Municipal authorities cannot issue trade licenses that violate zonal regulations governing land use. If a property is designated primarily for residential use with limited permission for commercial use, the issuance of a trade license for commercial activities exceeding the permissible limit does not legalize the unauthorized commercial use. Karnataka High Court.
Municipal authorities cannot issue trade licenses that violate zonal regulations governing land use. If a property is designated primarily for residential use with limited permission for commercial use, the issuance of a trade license for commercial activities exceeding the permissible limit does not legalize the unauthorized commercial use. Karnataka High Court.
  • 17-April-2025
  • Daksha Legal
Judgement
Magistrate has the authority to grant interim maintenance to a wife under the Domestic Violence Act, even after the respondent has appeared and filed objections and pending consideration of the main matter. Karnataka High Court.
Magistrate has the authority to grant interim maintenance to a wife under the Domestic Violence Act, even after the respondent has appeared and filed objections and pending consideration of the main matter. Karnataka High Court.
  • 16-April-2025
  • Daksha Legal
Judgement
Karnataka Land Revenue Act. When a landowner's name is removed from the RTC due to alleged non-payment of revenue, the Tahasildar has a legal obligation to consider the landowner's representation for restoration of their name. Forfeiture of land should be proportional to the unpaid revenue. Karnataka High Court.
Karnataka Land Revenue Act. When a landowner's name is removed from the RTC due to alleged non-payment of revenue, the Tahasildar has a legal obligation to consider the landowner's representation for restoration of their name. Forfeiture of land should be proportional to the unpaid revenue. Karnataka High Court.
  • 16-April-2025
  • Daksha Legal
Judgement
Mere execution of lease-cum-sale deed and possession certificate without actual delivery of possession will not absolve the BDA to allot alternate site when the site itself is not handed over to the allottee. Karnataka High Court.
Mere execution of lease-cum-sale deed and possession certificate without actual delivery of possession will not absolve the BDA to allot alternate site when the site itself is not handed over to the allottee. Karnataka High Court.
  • 16-April-2025
  • Daksha Legal
Judgement

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Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article