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  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
• 

  A legislation carries a presumption of constitutionality. Its operation may be stayed only with utmost caution and only in rare, exceptional cases of clear legislative incompetence, patent unconstitutionality, violation of Part III rights, or manifest arbitrariness. Supreme Court.

  • 17-September-2025
  • Daksha Legal
• 

  Hindu Law. A son born after a father receives ancestral property in a partition is entitled to a share in that property as his birth reconstitutes the coparcenary, unless the property was alienated before his birth. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal
• 

  Title in immovable property cannot be created solely through a ‘varadhi’ (report) or revenue entries. The presumption of truth attached to revenue entries is rebuttable and can be nullified by producing valid, legally acceptable evidence, such as a deed of sale. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal
• 

  Commercial Courts Act. Indulgence defeats the very raison d'être. A defendant who fails to produce all documents in its power, possession, or custody along with the written statement is barred from doing so later unless they can establish a ‘reasonable cause’ for the non-disclosure. Karnataka High Court.

  • 16-September-2025
  • Daksha Legal