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  Where ancestral property of the original propositus devolves upon one of his sons through partition, his wife and daughter from the first marriage are each entitled to an equal share in the properties that devolved to the son's share. Karnataka High Court.

  • 17-July-2025
  • Daksha Legal
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  Motor Vehicle insurance Cover notes are mere proposals valid for 60 days. Without premium payment and policy issuance, the insurance company is not liable. The claimant or vehicle owner must prove the policy's existence if the insurer disputes liability. Karnataka High Court.

  • 17-July-2025
  • Daksha Legal
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  Minor discrepancies in a Will, like handwritten descriptions or date corrections, when the date in words is accurate, do not render it suspicious if the executant was of sound mind, lived for years after execution, and the disposition is without disinheriting legitimate heirs. Karnataka High Court.

  • 17-July-2025
  • Daksha Legal
• 

  Abetment to commit suicide. A criminal conviction cannot be sustained based solely on the uncorroborated and inconsistent testimony of a single interested eyewitness, particularly when contradicted by other evidence, as it fails to meet the standard of proof beyond reasonable doubt, entitling the accused to the benefit of doubt. Karnataka High Court.

  • 17-July-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. The exclusive jurisdiction to pass or cancel an order of land conversion rests solely with the Deputy Commissioner. Tahsildar is devoid of the statutory power to issue a notice for the cancellation of a land conversion order. Karnataka High Court.

  • 16-July-2025
  • Daksha Legal
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  Karnataka Municipalities Act. Under the amended Act, the Municipal authorities are legally obligated to record the transactions and levy tax on sites purchased even in unapproved layouts, and their failure to do so warrants a writ of mandamus. Karnataka High Court.

  • 16-July-2025
  • Daksha Legal
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  Municipal authorities should hold their officers accountable for failing to prevent unauthorized constructions and initiate penal action against them. Karnataka High Court lays down guidelines to deal with unauthorised constructions.

  • 16-July-2025
  • Daksha Legal
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  Commercial Courts Act. An investment in a real estate project for residential apartments, even with a buy-back option, does not qualify as a ‘commercial dispute’ since the the property is not ‘used exclusively in trade or commerce’. Karnataka High Court.

  • 16-July-2025
  • Daksha Legal
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  Statements made by an employee to the press in public interest are protected under Article 19 of the Constitution of India. Such expressions do not warrant dismissal unless they are knowingly false or disruptive. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal
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  When a suit for declaration based on title and also by adverse possession fails, the court can pass a decree for possession in favour of the defendant. Such right is traceable to inherent power of the Court saved in Section 151 of the Code of Civil Procedure. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal
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  When amendment to plaint seeking additional relief is allowed, it relates back to the original suit's filing date. Consequently, the court fee for the additional relief is calculated based on the market value of the property as of the original suit's filing date, not the amendment application date. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal
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  Karnataka Slum Areas (Improvement and Clearance) Act. Inordinate and unexplained delay in completing land acquisition, proceedings particularly when the original beneficiaries have already been rehabilitated elsewhere, vitiates the entire acquisition process as the purpose of the acquisition ceases to exist. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal