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  Waqf Act. Mere donation of the monies by the Mutawalli would not create a Waqf in respect of property of the borrower. There must be a permanent dedication by a person professing Islam to treat a property to be a Waqf property. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Property purchased by wife in her husband's name using her own funds is her self-acquired property, exempt from benami prohibitions, as the statutory exception for a husband purchasing in his wife's name is reciprocally applied. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Limitation period for a Section 34 application to set aside an arbitral award commences from the date a party receives the signed award. If formal service is not proven, the date of applying for a certified copy can be deemed the start of the limitation period. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  While specific and substantial allegations of cruelty and other offenses against a husband warrant continued investigation and trial, general and omnibus allegations against the husband's relatives such as mother-in-law and father-in-law without specific instances that meet the ingredients of the alleged offenses, are liable to be quashed to prevent abuse of the process of law. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Oral evidence, especially from interested witnesses lacking specific details, cannot establish a disputed familial relationship in a partition suit when it contradicts reliable, decades-old registered documentary evidence where the claimed relationship is notably absent. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Waqf. When a dispute does not fall in the exclusive jurisdiction of the Waqf Tribunal, High Court can exercise jurisdiction under Article 226 of the Constitution of India especially when there are no disputed questions of fact relating to title or possession requiring trial and evidence. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  A suit for mere declaration of title under Section 34 of the Specific Relief Act, 1963, is not maintainable when the plaintiff is not in possession of the property and, being able to seek the consequential relief of possession, omits to do so. In such cases, the court cannot grant a bare declaration of title. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Land acquisition. When possession of land is forcibly taken before issuance of notifications, 5% per year de-escalation shall be adopted from the date of possession till the notification. The claimant is also entitled to interest and other statutory benefits like solatium and additional market value. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Compassionate appointment claims should be considered based on prevailing norms at the time of application. Applications filed beyond one year after the employee's death cannot be considered, even if the applicant attains majority later. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Court cannot assist or aid a person who states that the wrong he committed be set aside and a relief be granted after condoning the same. Such person cannot be allowed to benefit from his own wrong and the Court will not be a party to a perpetuation of illegality. Supreme Court.

  • 16-June-2025
  • Daksha Legal
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  Specific Performance Act. Where the property subject to the agreement is part of a larger undivided joint property, co-owner is a necessary party to the specific performance suit since no effective decree can be passed in the absence of such a party. Karnataka High Court.

  • 14-June-2025
  • Daksha Legal
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  An execution petition for an arbitral award in a commercial dispute is maintainable before a Commercial Court, as the commercial nature of the dispute remains intact even after the award is passed. Karnataka High Court.

  • 14-June-2025
  • Daksha Legal