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  Hindu Minority and Guardianship Act. Transfer of a minor's immovable property by a natural guardian without prior court permission, being voidable under Section 8(3) can be effectually repudiated by the minor on attaining majority through an unequivocal act of conduct, such as executing a subsequent sale deed for the same property in favour of a third party. A formal suit for cancellation within the limitation period is not a mandatory prerequisite for such repudiation. Supreme Court.

  • 10-October-2025
  • Daksha Legal
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  A suit for injunction simpliciter to restrain interference with peaceful possession cannot be maintained when the plaintiff admits that possession is with the defendant. Where the defendant asserts a hostile title, the plaintiff is obligated to seek a declaration of title and consequential recovery of possession. Supreme Court.

  • 10-October-2025
  • Daksha Legal
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  Rectification of an instrument is permissible only by the original parties or all their legal successors in interest. A Rectification Deed executed by only some of the legal representatives, excluding others, is void ab initio and cannot be considered legally enforceable. Any Sale Deed executed based on such an invalid Rectification Deed is also rendered void and not binding upon the parties lawfully entitled to the property. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Right to Fair Compensation Act. RFCTLARR. Collector has a bounden statutory duty to deposit the compensation awarded directly into the land loser's bank account expeditiously. The payment cannot be withheld on the ground that the land loser has a dispute regarding the quantum of compensation. Writ of mandamus can be issued to compel the Collector to perform this statutory duty. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Hindu Succession Act. Property inherited by a female from her mother becomes her absolute, separate property under Section 14(1). Daughter has no right by birth to challenge the disposition of the property by her mother. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Hindu Law. Daughter's right to an equal share in ancestral joint family property under the Hindu Succession Act is established by birth and is not conditional upon the father-coparcener being alive on the date of the amendment. Any prior judgment or preliminary decree restricting the daughter's share based on the father's death date must be modified to grant the daughter an equal share as a son. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  Suit for partition. Trial Courts should proceed suo motu to draw the final decree after the preliminary decree to prevent undue delay. Karnataka High Court calls for informed discussions among stakeholders to evolve an effective procedure supported by an appropriate legislative framework.

  • 08-October-2025
  • Daksha Legal
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  Drugs and Cosmetics Act. An Inspector appointed under Section 21(1) retains competency upon being transferred to a new area without requiring a fresh Gazette Notification. The bar on trial by a Court inferior to the Court of Session under Section 32(2) does not preclude a Magistrate from taking cognizance of the complaint and committing the case to the Sessions Court for trial. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Renewable energy. A regulatory framework that subjects one category of competitors to a mandatory and untime-bound precondition while allowing other competing categories in the same seniority queue to proceed without such a burden, fails to create a ‘level playing field’ is violative of Articles 14 and 19(1)(g) of the Constitution. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  ‘’Corruption undermines democracy and the rule of law; courts, as the last bastion of justice, must ensure accountability prevails over impunity.’’ An acquittal in a criminal case does not nullify departmental findings, as standards of proof differ; a Tribunal cannot reappraise evidence or replace the disciplinary authority’s conclusions. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  A prior security interest created by a Bank under the SARFAESI Act takes precedence over a subsequently created statutory charge for tax dues under the Central or State GST Act, and vice-versa. GST authorities must remove their encumbrance to allow the Bank to proceed with the auction of the secured property. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  Motor Vehicles Act. Insurance Company cannot be exonerated from paying compensation on the ground of the driver not possessing a valid driving license when the police charge sheet names a different driver who is found to have a license. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal