• 

  Negotiable Instruments Act. Complaint under Section 138 before the expiry of the 15 day notice period is premature and not maintainable. However, the complainant can file a fresh complaint, and the delay in doing so can be condoned if the complaint is filed at the earliest. Karnataka High Court.

  • 25-June-2025
  • Daksha Legal
• 

  In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.

  • 24-June-2025
  • Daksha Legal
• 

  Karnataka SC-ST PTCL Act. Conversion of land for non-agricultural purposes will operate as prior permission to sell only if the land is converted by the original grantee and not by the purchaser. Karnataka High Court.

  • 24-June-2025
  • Daksha Legal
• 

  Land Acquisition Act. Three months’ time mentioned in Section 28-A(1) and the proviso thereof is required to be calculated from the date of the award passed under Section 18, enhancing the compensation and not from the date of knowledge of the applicant of such enhancement. Karnataka High Court.

  • 24-June-2025
  • Daksha Legal
• 

  A suit for partition of joint family properties is based on a 'continuing cause of action' and is generally not barred by Order II Rule 2 of the Code of Civil Procedure, 1908, even if certain properties were omitted from a previous suit, unless the causes of action in both suits are identical in substance. Karnataka High Court.

  • 24-June-2025
  • Daksha Legal
• 

  A coparcener or sister cannot relinquish the share in favour of one coparcener only. The relinquishment benefits the entire joint family and does not confer an exclusive share upon a named beneficiary. Karnataka High Court.

  • 24-June-2025
  • Daksha Legal
• 

  Validity of marriage cannot be gone into by Courts while considering the applications for maintenance under Section 12 of the Protection of Woman from Domestic Violence Act or Section 125, Cr.P.C. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
• 

  Land Acquisition Act. Application under Section 28-A for redetermination of the award can be filed by referring to an award passed under Section 18 without producing a certified copy of the said award. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
• 

  A second suit for partition of joint family properties is not maintainable if such properties were known to the parties at the time of a previous, comprehensive partition suit. Second suit violates the principles of res judicata under Order II Rule 2 of the Civil Procedure Code. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
• 

  Land acquisition. Strict pleading rules do not apply in reference cases for enhancement of compensation. The court's priority is to determine the true market value, and claims for enhanced compensation should not be dismissed due to minor discrepancies between pleadings and evidence. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
• 

  Land Acquisition Act. Delay caused in proceedings before the reference Court and/or the SLAO under Section 28A cannot be excluded for the purpose of calculation of interest on the compensation or enhanced compensation. Karnataka High Court.

  • 21-June-2025
  • Daksha Legal
• 

  A counterclaim under Order 8 Rule 6A of the CPC cannot be permitted after the framing of issues. Courts must not allow belated counterclaims if it would cause prejudice, unduly delay the process, or defeat the purpose of the amendment. Karnataka High Court.

  • 21-June-2025
  • Daksha Legal