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Judgements
Acceptance of lesser share by father in ancestral properties in family partition will not prevent his son from claiming actual/correct share in the properties. Karnataka High Court.
20-June-2025
Daksha Legal
Wife cannot be held liable under the N.I Act for dishonour of the cheque issued by her husband though the loan transaction is joint. Karnataka High Court.
20-June-2025
Daksha Legal
Where property is sold under the Partition Act 1893, provisions of Order 21 Rules 84 & 85 CPC regarding mandatory deposit of entire balance sale price within 15 days do not apply. Court can extend time for such payment. Karnataka High Court.
20-June-2025
Daksha Legal
Claim to property based on adverse possession. Period starts from the time of giving up the claim based on title. Plea of title and adverse possession are mutually inconsistent. Karnataka High Court.
20-June-2025
Daksha Legal
'Rashness and negligence are multi-faceted concepts which cannot be comprehended and interpreted in isolation’. Mere driving of vehicle in high speed neither amounts to negligence nor rashness in itself. Karnataka High Court.
19-June-2025
Daksha Legal
A purchaser of property during ongoing litigation should be allowed to join the suit, ensuring all affected parties are heard, preventing potential collusion, and enabling the court to make a comprehensive and final decision, subject to the suit's outcome. Karnataka High Court.
19-June-2025
Daksha Legal
Waqf Act. Powers under Section 40 can be used only in respect of property which was already a Waqf property and not to create fresh Waqf as regards a property which was never a Waqf property. Karnataka High Court.
19-June-2025
Daksha Legal
Public roads and pavements must be scrupulously maintained for public use. Municipal Corporation collecting ground rent for storing construction material on public roads and pavements militates against the statutory provisions and hence illegal. Karnataka High Court.
19-June-2025
Daksha Legal
Hindu Adoptions and Maintenance Act. Father-in-law is legally obligated to provide maintenance to his widowed daughter-in-law if she is unable to maintain herself and when he possesses sufficient property capable of generating income. Karnataka High Court.
18-June-2025
Daksha Legal
Levy of fee, such as ‘ground rent’, ‘guidance value’, ‘scrutiny fee’, etc., even by a plenary legislation, must be commensurate to the services rendered by the Municipal Corporation. Else, the levy would be manifestly arbitrary. Karnataka High Court strikes down amendments to the Karnataka Municipal Corporations Act as unconstitutional.
18-June-2025
Daksha Legal
Industrial land allotment by KIADB. When there is enormous delay in issuing final notification forcing the allottee to cancel the project, the KIADB cannot forfeit portion of the upfront payment made by the allottee. Karnataka High Court.
18-June-2025
Daksha Legal
DNA test does not violate right to life or privacy of a person. When identity of a common ancestor and the relationship between parties are disputed, and existing evidence is inconclusive, DNA profiling test may be ordered to establish the biological relationship. Karnataka High Court.
18-June-2025
Daksha Legal
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