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  Once a valid and uncancelled gift deed transfers property, any subsequent alienation by the donor is void and does not convey title. A suit for partition filed by the legal heirs of the donee is unaffected by such alienation or any plea of limitation. Karnataka High Court.

  • 29-July-2025
  • Daksha Legal
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  When no elected councillors are available in a specific sub-category for the reserved post of President, the competent authority may revise the reservation to a broader category to ensure the effective functioning of the Municipal Council. This approach is consistent with the 'play in the joints' principle. Karnataka High Court.

  • 29-July-2025
  • Daksha Legal
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  A valid sale agreement accompanied by delivery of possession takes precedence over a registered sale deed executed solely to defeat the rights under the agreement. A person in possession under part-performance of a contract is entitled to protect such possession, even against the true owner. Karnataka High Court.

  • 29-July-2025
  • Daksha Legal
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  Children born from a second void marriage are not entitled to seek an injunction against the children of the first marriage to prevent them from alienating joint family properties that have already been partitioned. Their rights, if any, are confined solely to the share of the property allotted exclusively to the father. Karnataka High Court.

  • 29-July-2025
  • Daksha Legal
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  Motor Vehicles Act. Mere fact that a driver did not possess a driving licence cannot, by itself, lead to the conclusion that he contributed to the accident, especially when credible evidence clearly establishes that the rider of the other vehicle was solely at fault. Karnataka High Court.

  • 29-July-2025
  • Daksha Legal
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  In a partition suit, the defendant is entitled to include properties that have not been mentioned in the plaint. Such inclusion can be made through the written statement and does not amount to filing a counter-claim. Karnataka High Court.

  • 28-July-2025
  • Daksha Legal
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  Civil court has no jurisdiction to determine the validity of an order passed by the Land Tribunal due to the bar under the Karnataka Land Reforms Act. Any order by a Civil Court setting aside a Land Tribunal’s decision would be void and without legal effect. Karnataka High Court.

  • 28-July-2025
  • Daksha Legal
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  High Court can exceptionally exercise its writ jurisdiction to direct a statutory corporation to comply with an industrial award that has attained finality, including payment of withheld back wages. Compelling the workman to resort to the statutory remedy would be unfair given the specific circumstances and the imminent superannuation of the workman. Karnataka High Court.

  • 28-July-2025
  • Daksha Legal
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  ''While recording the accused's statement under Section 313 of the Code of Criminal Procedure, use simple language and translate it into the accused's language to ensure understanding''. Karnataka High Court cautions trial courts against using complex legal and medical terminology, emphasizing the need for clear and simple language.

  • 28-July-2025
  • Daksha Legal
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  If a vendor refuses to register a sale deed that has already been executed, the appropriate remedy is to seek registration under the Registration Act. A suit for specific performance seeking such relief is not maintainable. Karnataka High Court.

  • 28-July-2025
  • Daksha Legal
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  “Precious judical time already exhausted cannot be diverted further to revisit a closed chapter thus permitting litigation to become a platform for endless grievances.” Karnataka High Court imposes cost of Rs.1 lakh on the cantankerous litigant.

  • 26-July-2025
  • Daksha Legal
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  An allotting authority cannot penalize an allottee for delays in contract execution that are a direct result of the authority's administrative inconsistencies, such as presenting altered terms without proper communication of policy changes. Karnataka High Court.

  • 25-July-2025
  • Daksha Legal