• 

  Land acquisition. Failure to include land in the preliminary notification and denial of the right to file objections vitiates the entire acquisition proceedings. Arbitrary exclusion or inclusion of lands in the acquisition process is discriminatory and unlawful. Karnataka High Court.

  • 09-April-2025
  • Daksha Legal
• 

  In disputes involving family partitions and boundary demarcation, the Court may direct the relevant authorities to conduct a fresh survey strictly in accordance with the terms of the registered Partition Deed to ensure fairness and accuracy and to avoid claims beyond what was allotted. Karnataka High Court.

  • 08-April-2025
  • Daksha Legal
• 

  “Status of husband and wife for the purpose of Section 24 has been achieved by the spouses by the solemnization” In proceedings under the Hindu Marriage Act, it is the legal duty of the husband to maintain the wife, especially when the wife has no independent source of income. Karnataka High Court.

  • 08-April-2025
  • Daksha Legal
• 

  Reclassification of kharab lands after prolonged delay of several decades is impermissible. Revenue authorities must adhere to the established land classifications in the revenue records when determining the nature of the land. Karnataka High Court.

  • 08-April-2025
  • Daksha Legal
• 

  Power of High Court to order inquiry. When there are serious allegations and contra-allegations regarding incidents occurring during a protest, particularly involving claims of unprovoked police violence, the constitution of a commission of inquiry is necessary to ensure an impartial and thorough investigation. Karnataka High Court.

  • 08-April-2025
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Limitation to file application under Section 34 (3) to set aside an arbitral award. The date of receiving signed copy of the award must be excluded while computing the limitation. Supreme Court.

  • 08-April-2025
  • Daksha Legal
• 

  Criminal Law. Co-accused can question grant of pardon to an accused only on the procedural illegality in granting pardon and not the order granting pardon or its content. Karnataka High Court.

  • 07-April-2025
  • Daksha Legal
• 

  Pardon under Section 306 Cr.P.C. When accused himself seeks pardon and the prosecution supports such pardon it is deemed acceptance of pardon. There is no need for the Court to record or deduce the acceptance in writing. Karnataka High Court.

  • 07-April-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Kumki land is intrinsically attached to the warg land. Re-purchase of warg land automatically restores kumki privileges to the owner. Kumki land alone cannot be granted under the regularisation of unauthorised occupancy scheme. Karnataka High Court.

  • 07-April-2025
  • Daksha Legal
• 

  When there are two agreements to sell with different price components, the court must examine the intent of the parties and the circumstances surrounding the agreements to determine the actual terms of the transaction. A mere change in price alone may not constitute novation unless the new contract completely substitutes, rescinds, or alters the original contract. Karnataka High Court.

  • 07-April-2025
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Limitation to file application under Section 34 (3) to set aside an arbitral award is ‘three calendar months’ and not 90 days. There is no wholesale exclusion of the provisions of the Limitation Act in calculating the period of limitation. Supreme Court.

  • 06-April-2025
  • Daksha Legal
• 

  Mere earning capacity of a wife cannot operate as bar from being awarded maintenance by the husband. Karnataka High Court.

  • 05-April-2025
  • Daksha Legal