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  Bar of declaration of any land in Scheduled or Tribal area as waqf under the amendment to Wakf Act cannot be said to be prima facie arbitrary. Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  Wakf Act amendment: Government property belongs to the citizens and is held by the Government in trust for them. The provision authorising a senior officer to determine whether a property is government property cannot, prima facie, be termed arbitrary, even though a revenue officer cannot adjudicate title. Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  ‘’Property which is to be permanently dedicated as a waqf should only be a property which is owned by the person dedicating it’’. Amendment to Wakf Act cannot, prima facie, be termed arbitrary. Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  Wakf Act amendment requiring a person dedicating property to have practiced Islam for at least five years cannot be said to be arbitrary or discriminatory. Prima facie view of the Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  A legislation carries a presumption of constitutionality. Its operation may be stayed only with utmost caution and only in rare, exceptional cases of clear legislative incompetence, patent unconstitutionality, violation of Part III rights, or manifest arbitrariness. Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  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
• 

  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
• 

  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
• 

  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