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  A legatee under a Will shall be permitted to be impleaded as the legal representative of a deceased appellant to continue the appeal, as the devolution of interest prevents its abatement. Detailed inquiry into the will's validity is not required at this stage. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  Industrial Disputes Act. A second conciliation proceeding is permissible if both parties jointly request it, even after an initial failure report has been submitted. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  When a sale deed is executed pursuant to a decree for specific performance, stamp duty and registration fees are to be calculated on the property’s value stated in the original sale agreement, not the prevailing market value at the time of registration, whether executed through court in execution proceedings or voluntarily by the judgment debtor. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Tahasildar has no power to invite applications from landless persons unless a prior order has been passed by the Land Tribunal under Section 67 of the Act which determines that the land is in excess of the ceiling area and is to be surrendered to the State Government. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act. Assistant Commissioner has no power to set aside a document that falls outside Section 23. He can only deal with maintenance claims and declaration of transfer of property to be void in certain circumstances. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Even where agricultural land is deemed converted due to its inclusion within municipal or municipal corporation limits, payment of the prescribed conversion fee remains mandatory. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Married daughters are entitled to share in tenanted lands for which occupancy rights were granted to their father, as the grant benefits all legal heirs. The definition of word ‘family’ in Section 2 (12) would not be a bar to claim share in the said property. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Granting a conditional stay on an arbitral award requiring a 75% deposit is a reasonable exercise of judicial discretion and warrants no interference. The principle applies equally to Public Sector Undertakings. An unconditional stay is justified only where a prima facie case of fraud or corruption is established. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal
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  Employees Compensation Act. Petition for compensation filed by a major brother of the deceased is not maintainable since he is not a ‘dependant’ under Section 2(d) of the Act. Karnataka High Court.

  • 11-August-2025
  • Daksha Legal
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  Karnataka Police Act. An externment order must follow a structured procedure, which includes serving the person with a written notice of the allegations, granting a reasonable opportunity to respond, and allowing him to engage legal counsel and present witnesses. Karnataka High Court.

  • 11-August-2025
  • Daksha Legal
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  Karnataka Gram Swaraj and Panchayat Raj Act. A suit to recover payment for work performed for the Panchayat is not barred under Section 295, as the restriction applies only to money lawfully collected by the authority. Karnataka High Court.

  • 11-August-2025
  • Daksha Legal
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  A subordinate court order based on a submission or concession made by the petitioner's counsel cannot be questioned in a writ petition since the appropriate course is to seek modification of the order before the same court. Karnataka High Court.

  • 11-August-2025
  • Daksha Legal