• 

  Proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act cannot be initiated to question/annul a partition deed. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Decree cancelling sale deed merely recognises plaintiff’s pre-existing rights over the property. Such a decree need not be registered under Section 17 of the Registration Act. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Rules. Grant of land ‘gunduthopu’ for usufructuary usage cannot be unilaterally cancelled and the land be re-allotted without following the procedure under the Rules. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Appeals under the Karnataka Land Revenue Act seeking correction of entries cannot be kept pending for prolonged periods. Karnataka High Court directs speedy disposal of appeals.

  • 19-November-2024
  • Daksha Legal
• 

  Suit for declaration is necessary only when defendant’s denial of plaintiff’s title raises a cloud over the plaintiff’s tittle. A simple denial by a trespasser or interloper does not constitute raising a cloud over the title. Karnataka High Court.

  • 16-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Act. When forfeited land is restored after payment of land revenue, it does not amount to fresh grant. It only reverts back to original position. Karnataka High Court.

  • 15-November-2024
  • Daksha Legal
• 

  Private complaint without affidavit for having approached the Police at the first instance cannot be referred for investigation by the Magistrate. Mere postal receipt for having sent the complaint to higher authorities is not sufficient. Karnataka High Court.

  • 16-November-2024
  • Daksha Legal
• 

  Mere breach of promise to marry is different from false promise to marry. Consensual sex in the first case cannot be called rape. Sexual relation with false promise, given in bad faith and with no intention of being adhered to at the time it was given amounts to rape. Karnataka High Court.

  • 22-November-2024
  • Daksha Legal
• 

  ‘’Once a Waqf is always a Waqf’’ phrase cannot be used to justify adding properties to the Waqf list that were previously excluded. Karnataka High Court.

  • 15-November-2024
  • Daksha Legal
• 

  Where a person is a party to the document and seeks relief regarding the said document, he must pay court fee on the value of the subject-matter. Clever drafting cannot be used to avoid court fee. Karnataka High Court.

  • 15-November-2024
  • Daksha Legal
• 

  A second suit for declaration, filed beyond the limitation period, is not maintainable when the plaintiff failed to amend the plaint in the first injunction suit, where the defendant disputed plaintiff’s title. Karnataka High Court.

  • 15-November-2024
  • Daksha Legal
• 

  Banking Companies (Acquisition and Transfer of Undertakings) Act. Power of the Reserve Bank of India to give directions does not empower banks to seek entrustment of investigation in any crime, to the hands of any particular agency like CBI. Karnataka High Court.

  • 15-November-2024
  • Daksha Legal