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  A suit or appeal does not abate for non-substitution if the deceased’s interest is adequately represented on record; in specific performance cases, the absence of one branch of heirs does not invalidate the decree or cause abatement, and a decided issue of abatement cannot be reopened in the same proceedings. Supreme Court.

  • 19-January-2026
  • Daksha Legal
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  In cases of arrest under special enactments like the KGST Act, the Court’s jurisdiction under Article 226/Section 482 is narrow. Interference is warranted only in cases of manifest arbitrariness or gross violation of statutory safeguards, and not for minor procedural lapses. Karnataka High Court.

  • 17-January-2026
  • Daksha Legal
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  Transfer of Property Act. A transferee pendente lite has no independent right to resist or obstruct the execution of a decree for specific performance. Such a transferee steps into the shoes of the judgment debtor and is bound by the final outcome of the suit as if they were a party to it. Supreme Court.

  • 17-January-2026
  • Daksha Legal
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  Hindu Adoptions and Maintenance Act. The expression “any widow of his son” includes a daughter-in-law irrespective of whether she became a widow before or after the death of her father-in-law. Such a widow is a “dependant” entitled to claim maintenance from the estate of her father-in-law under Section 22 of the Act, if she is unable to maintain herself from her husband’s estate or other specified sources. Supreme Court.

  • 16-January-2026
  • Daksha Legal
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  A person who enters upon a property as an agent, caretaker, or agricultural laborer cannot assert ownership against the true owner. Such possession is ‘permissive’ in nature and remains the constructive possession of the owner. Karnataka High Court.

  • 16-January-2026
  • Daksha Legal
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  The development of townships adjacent to a major infrastructure corridor is considered an integral and inseparable part of the ‘public purpose’ of the project. Once the overarching validity of an infrastructure project and its land requirements have been upheld by the Supreme Court, individual challenges to specific land parcels on the same grounds are barred by the principles of finality of litigation. Karnataka High Court.

  • 16-January-2026
  • Daksha Legal
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  ‘’Issuance of a Look Out Circular against husband by converting a matrimonial dispute into an alleged criminal offence only aggravates injustice’’. Karnataka High Court quashes the criminal proceedings against the husband.

  • 14-January-2026
  • Daksha Legal
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  Karnataka Land Revenue Act. Assistant Commissioner cannot cancel a land grant if the validity of the grant has already been adjudicated and upheld by a Tribunal. Administrative or quasi-judicial authorities cannot exercise statutory powers to override the finality of orders passed by a superior forum. Karnataka High Court.

  • 16-January-2026
  • Daksha Legal
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  Negotiable Instruments Act. Proceedings under Section 138 does not preclude the payee from maintaining a civil suit for recovery of money. To prevent unjust enrichment the courts may take into consideration the amounts recovered in one proceeding while passing appropriate orders in the other proceedings. Karnataka High Court.

  • 14-January-2026
  • Daksha Legal
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  Registration Act. While a registered document operates from the date of its execution, the burden of proving that execution occurred prior to a competing interest rests solely on the party asserting it. In the absence of corroborating evidence, such a document cannot be prioritized over a subsequent registered sale deed. Karnataka High Court.

  • 14-January-2026
  • Daksha Legal
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  A stranger or a neighbor who is not a blood relative or related by marriage to the husband cannot be prosecuted under Section 498A of the Indian Penal Code. Involving a third party who does not meet this criteria is an impermissible application of the law. Karnataka High Court.

  • 14-January-2026
  • Daksha Legal
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  When plaintiff's suit for declaration of title is dismissed on merits, his prayer for consequential injunction can NOT be granted against the owner though the plaintiff is in possession of the property. Supreme Court.

  • 13-January-2026
  • Daksha Legal