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Judgements
Transfer of Property Act. A sale of joint family property executed by a single co-owner, who obtained exclusive mutation of the property in their name through the suppression of other legal heirs, is binding only to the extent of that co-owner's actual share. A purchaser from such a co-owner does not acquire a valid title over the entire property. Karnataka High Court.
10-February-2026
Daksha Legal
A compromise decree cannot be challenged through Writ Petition. Exclusive remedy for any person aggrieved by a compromise decree including a stranger to the original proceedings is to approach the specific Court that passed the decree by filing an application to recall or set it aside on the grounds that the compromise was unlawful or fraudulent. Karnataka High Court.
10-February-2026
Daksha Legal
Criminal Law. The power of a Trial Court to alter or add charges under Section 216 of the Cr.P.C. is an exclusive and wide-ranging authority that remains available until the moment judgment is pronounced. A party to the proceedings, including the prosecution, can apply for such alteration. Karnataka High Court.
10-February-2026
Daksha Legal
Maintenance and Welfare of Parents and Senior Citizens Act. A gift deed is liable to be declared void regardless of whether the condition for maintenance was express or implied. Even without an express recital in the gift deed obligating the donees to maintain the senior citizen, the obligation to maintain can be inferred from the surrounding circumstances and conduct of the parties. Karnataka High Court.
10-February-2026
Daksha Legal
Land acquisition. Mere proximity of two villages does not entitle landowners to uniform compensation if there is a clear evidentiary basis for differentiation, such as distinct guidance values and verified sale exemplar data. Differential compensation is legally sustainable when it is based on a rigorous analysis of local market transactions and official guidance values. Karnataka High Court.
09-February-2026
Daksha Legal
Arbitration and Conciliation Act. When the existence and validity of an arbitration clause is interpreted under Section 11, the issue cannot be re-agitated later. The order appointing the Arbitrator operates as a res judicata insofar as the existence of and validity of the arbitration agreement between the parties is concerned. Supreme Court.
09-February-2026
Daksha Legal
A Muslim woman who marries a Hindu man becomes an integral member of her husband’s family. This holds true even where the relationship, though not a formal marriage, is in the nature of marriage. Consequently, succession to her estate upon her death is governed by the Hindu Succession Act. Karnataka High Court.
09-February-2026
Daksha Legal
A void transaction remains void, unaffected by subsequent legislative repeal. The repeal of the Hyderabad Tenancy and Agricultural Lands Act, 1950 does not have the effect of reviving or validating transactions that stood void under the said Act during its subsistence. Karnataka High Court.
09-February-2026
Daksha Legal
Land acquisition. Where the owner possesses excess land under the Karnataka Land Reforms Act, the State is justified in not paying the compensation to that portion. Karnataka High Court.
09-February-2026
Daksha Legal
Section 295A IPC. Outraging the religious feelings of any class. Prior sanction under Section 196 of the Cr.P.C. is not a prerequisite for the registration of an FIR or the conduct of a police investigation for offences listed therein; the requirement for sanction is a condition precedent that must be met only at the stage of taking cognizance by the Court upon the filing of a charge sheet. Karnataka High Court.
07-February-2026
Daksha Legal
Criminal Law. Tender and acceptance of pardon is a judicial act granting relief to the approver. Once accepted, the approver ceases to be an accused and is not liable for punishment. Such pardon, being a judicial order, cannot be revoked merely on a certificate issued by the Public Prosecutor; revocation is permissible only if the Court, on a prima facie assessment, finds a violation of the conditions of pardon. Karnataka High Court.
07-February-2026
Daksha Legal
Joint family property purchased in the names of a female member and a minor son using the family's nucleus is deemed to be joint family property. Where there is no proof of independent income by the named purchasers, the property must be shared equally among all branches of the family to prevent the unjust deprivation of inheritance rights to other legal heirs. Karnataka High Court.
06-February-2026
Daksha Legal
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