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  Town Planning. Fragment of a site/plot cannot be bifurcated and sold and even if sold without bifurcation, the same cannot be amalgamated with a neighbouring property to make such neighbouring property a bigger property. Karnataka High Court.

  • 01-July-2025
  • Daksha Legal
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  Where multiple guardianship petitions concerning the same minor and parties are pending, a later-filed petition seeking identical relief should be stayed to prevent conflicting judgments, especially if the earlier case is at an advanced stage. Karnataka High Court.

  • 01-July-2025
  • Daksha Legal
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  When separate suits regarding the same property are decided by a common judgment, a single appeal challenging that common judgment is legally permissible. Karnataka High Court.

  • 01-July-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Confining appeal remedy only to senior citizen and depriving the same to son, daughter or a third party. Karnataka High Court requests the Law Commission of India to look into the issue.

  • 30-June-2025
  • Daksha Legal
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  In cases of unconstitutional tax levies, a person seeking restitution must demonstrate actual loss or damage by proving that the tax burden was borne by them and not passed on to the consumers. Karnataka High Court.

  • 30-June-2025
  • Daksha Legal
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  When perpetual leasehold rights are granted by a Municipality, lessees can enjoy such lease without converting it to freehold right provided they pay the stipulated rent. Municipality is bound to provide all necessary approvals, such as NOCs for loans and plan sanctions to the lessees. Karnataka High Court.

  • 30-June-2025
  • Daksha Legal
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  Karnataka Municipal Corporation Act. Prior notice under Section 482 is mandatory for suits against municipal authority, officers and agents even when it pertains to permanent as well as mandatory injunction. Karnataka High Court.

  • 30-June-2025
  • Daksha Legal
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  When a plaintiff seeks a declaration of title and incidentally challenges a subsequent sale deed without claiming possession or setting up an independent cause of action, market value cannot be applied for the court fee on such ancillary relief. Karnataka High Court.

  • 30-June-2025
  • Daksha Legal
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  Karnataka Rent Act. Civil Court has jurisdiction over eviction suits for commercial premises if the ‘plinth area’ exceeds 14 square metres. For this purpose, the space acquired by the wall must be included. Karnataka High Court.

  • 28-June-2025
  • Daksha Legal
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  Commercial Courts Act. If mediation and settlement efforts have already been substantially undertaken and failed before a civil court, it is not necessary to send the parties for mediation again after the suit is re-filed as a commercial suit. Karnataka High Court.

  • 28-June-2025
  • Daksha Legal
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  Hindu Succession Act. Where property is granted to a wife under a consent decree for the maintenance of herself and her children, such property vests with her absolutely under Section 14(1), even after the children attain majority, unless the decree contains an express restrictive condition limiting her interest. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  A plaint cannot be rejected under Order VII Rule 11 CPC on the grounds of limitation if the plaintiff pleads a later date of knowledge, as this creates a mixed question of fact and law requiring evidence. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal