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  A Sub-lessee is bound by a decree for possession obtained by the lessor against the lessee, irrespective of whether a sub-lease was created before or after the suit, provided the ground for eviction determines the sub-lessee’s rights as well. Karnataka High Court.

  • 26-September-2025
  • Daksha Legal
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  Transfer of Property Act. A transferor’s legal representative cannot question a sale deed by claiming the transferor lacked full title when executing it. Section 43 operates to protect the transferee, not the transferor or their successors. The principle of feeding the grant by estoppel validates the title of the purchaser once the transferor acquired ownership rights through the re-grant of the land. Karnataka High Court.

  • 26-September-2025
  • Daksha Legal
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  Karnataka Civil Services (Probation) Rules. An order discharging a probationer for unsuitability is a discharge simpliciter, not a termination for misconduct. A formal inquiry is not required even if the preamble cites alleged misconduct or pending criminal cases. Karnataka High Court.

  • 26-September-2025
  • Daksha Legal
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  Prevention of Corruption Act. Section 7A applies even to non-public servants who attempt to obtain an undue advantage by influencing public servants. A preliminary inquiry is not mandatory before registering a FIR for a corruption case, especially when the initial complaint or report clearly discloses the commission of a cognizable offence. Karnataka High Court.

  • 26-September-2025
  • Daksha Legal
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  Karnataka SC-ST (PTCL) Act, 1978. In an appeal under Section 5A of the Act by the grantee, Deputy Commissioner can NOT stay mutation entry in the name of subsequent purchaser. Remedy is only under the Karnataka Land Revenue Act. Karnataka High Court.

  • 25-September-2025
  • Daksha Legal
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  Alienation of the re-granted 'Service Inam Land' from the period 1:2:1963 to 7:8:1978 is valid and permission for sale is only a formality since the Deputy Commissioner is bound to give permission. Karnataka High Court reiterates.

  • 25-September-2025
  • Daksha Legal
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  Hindu Succession Act. Grant of occupancy rights in favour of a woman member of the joint family under the Karnataka Land Reforms Act cannot be considered as her absolute property under Section 14. Karnataka High Court.

  • 25-September-2025
  • Daksha Legal
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  Non-alienating member of joint family can maintain a suit for partition and separate possession in the event of alienation by other members and there is no need to challenge the sale deed. Karnataka High Court.

  • 25-September-2025
  • Daksha Legal
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  If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.

  • 25-September-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. If a cultivating tenant purchases the tenanted land, his tenancy rights merge into his ownership rights under the sale deed. If the sale deed is later found invalid, his ownership claim fails, but his tenancy rights remain unaffected. Karnataka High Court.

  • 24-September-2025
  • Daksha Legal
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  A state authority cannot dispossess someone of land lawfully held under a government grant or other valid title without due process. Even if it alleges a breach or has begun proceedings, it cannot unilaterally interfere with or seize the property; formal steps like cancelling the grant or issuing a final notice under the law are required first. Karnataka High Court.

  • 24-September-2025
  • Daksha Legal
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  A civil court has no jurisdiction to entertain a suit and grant an injunction in cases involving unauthorized construction and demolition, as these matters fall within the exclusive jurisdiction of the Zonal Commissioner under the BBMP Act. Karnataka High Court.

  • 24-September-2025
  • Daksha Legal