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  Arbitration and Conciliation Act. An order of the Arbitral Tribunal under Section 16 is ordinarily challengeable only under Section 34 after the final award. The High Court may interfere under Article 227 only upon recording a prima facie finding of a patent lack of inherent jurisdiction, after hearing the rival parties. Supreme Court reiterates.

  • 28-July-2026
  • Daksha Legal
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  Specific performance. Transfer of an undivided share in immovable property is legally valid. Joint ownership alone does not render an agreement to sell suspicious or unenforceable merely because the vendor’s co-sharer/brother was not made a signatory. Supreme Court

  • 28-July-2026
  • Daksha Legal
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  ‘’The judiciary commands neither the purse nor the sword’’ However, the Courts are duty-bound to ensure that their injunction orders do not remain mere paper decrees by granting police protection wherever necessary to secure their effective enforcement. Karnataka High Court. 2026 Daksha Legal Kar 733

  • 26-July-2026
  • Daksha Legal
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  The power to grant police protection is ancillary to the Court's jurisdiction to ensure effective enforcement of a subsisting injunction. Each violation of the injunction order constitutes a fresh cause of action unaffected by the doctrine of res judicata. Karnataka High Court. 2026 Daksha Legal Kar 733

  • 27-July-2026
  • Daksha Legal
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  A person whose complaint prompted the Municipality to initiate proceedings for alleged building violations may be impleaded as an intervenor in proceedings instituted by the building owner, only for the limited purpose of supporting and defending the municipal action. Karnataka High Court. 2026 Daksha Legal Kar 728

  • 27-July-2026
  • Daksha Legal
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  A defense that a registered sale deed was merely nominal or executed as loan security involves disputed factual issues that require a full trial and cannot be adjudicated at the interlocutory stage. Registered conveyances supported by revenue records establish a prima facie case of title and possession for the grant of a temporary injunction. Karnataka High Court.

  • 27-July-2026
  • Daksha Legal
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  Motor Vehicles Act. Where a victim dies long after the accident, the legal representatives must establish a clear link between the accident injuries and the death. In the absence of such proof, a claim for death compensation filed by the legal representatives is liable to be dismissed. Karnataka High Court

  • 27-July-2026
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act. Section 23. Tribunal under the Act has no independent power to direct police protection in a dispute essentially concerning title to immovable property. Karnataka High Court.

  • 28-July-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Court in Section 34 proceedings cannot review its own judgment. The court cannot also modify, vary, or alter an arbitral award on merits. Karnataka High Court. 2026 Daksha Legal Kar 722

  • 24-July-2026
  • Daksha Legal
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  Right of pre-emption under Section 22 of the Hindu Succession Act applies to agricultural land. Supreme Court rejects the plea challenging the constitutional validity of the Section.

  • 24-July-2026
  • Daksha Legal
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  Mohammedan Law. A gift of immovable property between parties governed by Mohammedan Law does not require registration under Section 17 of the Registration Act, 1908 even if reduced to writing provided the three essential conditions of declaration, acceptance, and delivery of possession are fulfilled. Consequently, revenue authorities cannot refuse to effect mutation in the Record of Rights solely on the ground that a written gift deed is unregistered. Karnataka High Court. 2026 Daksha Legal Kar 712

  • 24-July-2026
  • Daksha Legal
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  Transfer of Property Act. Section 11 which voids ‘’restriction repugnant to interest created upon transfer’’ applies only when the transfer is absolute and creates a complete interest in favour of the transferee. Non- exclusive rights over shared common facilities in a real estate project do not amount to an absolute interest. Karnataka High Court. 2026 Daksha Legal Kar 716

  • 24-July-2026
  • Daksha Legal