Judgements

Hindu Law. A Karta has broad discretion and authority to sell joint family property for ‘legal necessity’. Burden on the purchaser to prove legal necessity is not absolute. They are not required to prove facts that are within the special knowledge of the coparceners, such as how the sale proceeds were distributed. A purchaser who acts with ‘ordinary prudence’ is considered a bona fide purchaser. Supreme Court.

18-September-2025

Daksha Legal
CGST/KGST Act. While a tax officer must inform a taxable person that an inspection or search is being carried out under a valid authorization, the officer is not legally required to provide a copy of the authorization itself. The non-disclosure to the taxable person does not invalidate the inspection or subsequent actions. Karnataka High Court.

18-September-2025

Daksha Legal
Civil Procedure Code. The discretion to allow a delayed counter claim must not be exercised after the issues in the case have been framed, as this would be detrimental to the principle of speedy justice. A counter claim is also subject to the Limitation Act. Supreme Court.

19-September-2025

Daksha Legal
A person who was denied registration under the Inams Abolition Act can claim tenancy under the Karnataka Land Reforms Act. Karnataka High Court.

17-September-2025

Daksha Legal
Application of Limitation Act to proceedings in relation to any claim or interest pertaining to immovable property comprised in a waqf cannot be said to be prima facie arbitrary. Supreme Court.

17-September-2025

Daksha Legal
Compulsory registration of wakf created before or after the commencement of the amendment to Wakf Act by execution of a waqf deed. Provision cannot be said to be prima facie arbitrary. Supreme Court.

17-September-2025

Daksha Legal
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
‘’Ancient monuments are a vital part of the cultural heritage of our country and therefore they need to be protected’’. Amendment to Wakf Act terming declaration of protected monument or protected area as waqf as void cannot, prima facie, be held to be 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
Abolition of ‘’Waqf by User’’, aimed at preventing alleged large-scale encroachment of government property, cannot, prima facie, be termed arbitrary. 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

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Judgements

Civil Procedure Code. The discretion to allow a delayed counter claim must not be exercised after the issues in the case have been framed, as this would be detrimental to the principle of speedy justice. A counter claim is also subject to the Limitation Act. Supreme Court.

A person who was denied registration under the Inams Abolition Act can claim tenancy under the Karnataka Land Reforms Act. Karnataka High Court.

Application of Limitation Act to proceedings in relation to any claim or interest pertaining to immovable property comprised in a waqf cannot be said to be prima facie arbitrary. Supreme Court.

Compulsory registration of wakf created before or after the commencement of the amendment to Wakf Act by execution of a waqf deed. Provision cannot be said to be prima facie arbitrary. Supreme Court.

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.

‘’Ancient monuments are a vital part of the cultural heritage of our country and therefore they need to be protected’’. Amendment to Wakf Act terming declaration of protected monument or protected area as waqf as void cannot, prima facie, be held to be arbitrary. Supreme Court.

Abolition of ‘’Waqf by User’’, aimed at preventing alleged large-scale encroachment of government property, cannot, prima facie, be termed arbitrary. Supreme Court.

‘’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.

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.