Judgements

Food Safety and Standards Act and the Regulations are constitutionally valid. The regulatory regime is essential to ensure the availability of safe and wholesome food, which is an integral and inalienable part of the fundamental right to life guaranteed under Article 21 of the Constitution of India. Karnataka High Court.

10-November-2025

Daksha Legal
Magistrates and Criminal Courts cannot entertain application for recalling or modifying Look Out Circular. Power is vested only with the Constitutional Courts. Karnataka High Court.

08-November-2025

Daksha Legal
A mortgagee cannot claim right over the mortgaged property just because long period of time has been lapsed since in the case of usufructuary mortgage, unlike other types of mortgages, the Mortgagee cannot claim ownership over the suit property even after the expiry of thirty years from the date of mortgage. Karnataka High Court.

08-November-2025

Daksha Legal
Specific Relief Act. A decree for specific performance cannot be enforced against subsequent purchasers who successfully establish that they are bonafide purchasers for value without notice of the prior agreement, thereby qualifying for protection under Section 19(b). Karnataka High Court.

07-November-2025

Daksha Legal
Suit for partition. The mere fact that the daughters did not dispute the earlier oral partition or claim their share cannot be a ground to deny them a share in the ancestral properties under Section 6 of the Hindu Succession Act. Karnataka High Court.

07-November-2025

Daksha Legal
A title derived from a validly registered General Power of Attorney and subsequent sale deed, which are chronologically prior to an opponent's claim based on a later, unregistered GPA executed by the original owner, who no longer held title, constitutes a superior claim. Karnataka High Court.

07-November-2025

Daksha Legal
Suit for partition. Joint family property inadvertently omitted from the plaint and the consequent preliminary decree can be included during the final decree proceedings. Karnataka High Court.

06-November-2025

Daksha Legal
Indian Succession Act. A person who claims a right to the testator's property adverse to the testator's title and who is not an heir under succession or inheritance, does not have a ‘caveatable interest’ and cannot be impleaded as an objector in a petition for the grant of probate. Karnataka High Court.

06-November-2025

Daksha Legal
Where a contract allows one party to unilaterally terminate it under specified conditions, and such termination is exercised, a suit for specific performance without seeking a declaration that the termination is invalid is not maintainable. Supreme Court.

06-November-2025

Daksha Legal
Transfer of property under an unregistered General Power of Attorney is void in law. The possession delivered under such a document cannot override the lawful ownership of the true owner. Karnataka High Court.

06-November-2025

Daksha Legal
Order VII Rule 11 CPC. A plaint is liable to rejection when the suit is ex facie barred by limitation and the plaintiff fails to disclose a definite right or clear cause of action owing to vague, inconsistent, and contradictory pleadings or documents concerning the alleged title or relationship with the property. The ancillary relief of partition, being contingent upon the time-barred relief of declaration, is equally unsustainable. Karnataka High Court.

06-November-2025

Daksha Legal
Land Reforms Act. Grant of occupancy rights to one member of a joint family enures to the benefit of the entire joint family and is subject to partition, provided the land was cultivated by the family's ancestors and the application was filed by that member on behalf of the joint family. Karnataka High Court.

05-November-2025

Daksha Legal

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Judgements

Magistrates and Criminal Courts cannot entertain application for recalling or modifying Look Out Circular. Power is vested only with the Constitutional Courts. Karnataka High Court.

Specific Relief Act. A decree for specific performance cannot be enforced against subsequent purchasers who successfully establish that they are bonafide purchasers for value without notice of the prior agreement, thereby qualifying for protection under Section 19(b). Karnataka High Court.

Suit for partition. The mere fact that the daughters did not dispute the earlier oral partition or claim their share cannot be a ground to deny them a share in the ancestral properties under Section 6 of the Hindu Succession Act. Karnataka High Court.

A title derived from a validly registered General Power of Attorney and subsequent sale deed, which are chronologically prior to an opponent's claim based on a later, unregistered GPA executed by the original owner, who no longer held title, constitutes a superior claim. Karnataka High Court.

Suit for partition. Joint family property inadvertently omitted from the plaint and the consequent preliminary decree can be included during the final decree proceedings. Karnataka High Court.

Where a contract allows one party to unilaterally terminate it under specified conditions, and such termination is exercised, a suit for specific performance without seeking a declaration that the termination is invalid is not maintainable. Supreme Court.

Transfer of property under an unregistered General Power of Attorney is void in law. The possession delivered under such a document cannot override the lawful ownership of the true owner. Karnataka High Court.