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  In a partition suit, an absolute injunction restraining alienation over the entire property is incorrect when the plaintiffs only claim a fractional share. The injunction can be granted to restrain alienation or encumbrance on the reserved portion equivalent to the share claimed. Karnataka High Court.

  • 28-October-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Application for resumption of land by the grantee held to be time-barred at the instance of the earlier purchaser. The sale of the land by the grantee to a third party with prior Government permission, and the subsequent sales cannot be treated as void when their validity is not questioned. Karnataka High Court.

  • 28-October-2025
  • Daksha Legal
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  Allegation of rape. A voluntary relationship sustained over time, with evidence indicating consensual intimacy, cannot be criminalised merely on a later claim of withdrawn consent. Permitting such prosecution would amount to abuse of process, justifying quashing of the proceedings. Karnataka High Court.

  • 28-October-2025
  • Daksha Legal
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  Motor Vehicles Act. Absence of a valid fitness certificate amounts to breach of fundamental requirement. Karnataka High Court exonerates insurance company by directing 'pay the amount and recover' from the owner. Karnataka High Court.

  • 28-October-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Revenue authorities are authorized to correct or alter mutation entries in the Record of Rights based on undisputed source-of-title documents even when a civil suit on title is pending. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Right to Information Act. Personal information pertaining to an accused person, such as a copy of the passport or LOC details, is exempt from mandatory disclosure under the Act since it would violate the individual's right to privacy and could endanger the life or physical safety. The proper remedy for a litigant seeking such documents for court use is to apply to the Trial Court for summoning. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A revenue grant of land in a manner known to law cannot be unilaterally nullified or deleted from the Record of Rights by the Tahsildar on the mere claim that the land is a 'Sarkari Gunduthopu,' as 'gunduthopu' land is not statutorily prohibited from being granted. Karnataka High Court.

  • 27-October-2025
  • Daksha Legal
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  Land Acquisition. Landowner is entitled to pre-acquisition interest or mesne profits when possession is taken before completion of acquisition, as a remedial measure under the equitable provisions of the statute. Supreme Court.

  • 27-October-2025
  • Daksha Legal
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  Where the plaintiff establishes a clear legal title but has suppressed the dismissal of the earlier suit for injunction, the court should not deny the relief of declaration and consequential possession, as this would unjustly divest the title. The court should instead grant title and possession and impose a penalty, such as modifying the decree, to address the misconduct and resolve the dispute. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Indian Evidence Act. Power conferred upon the court by Section 73 to direct a person present in court to write words or figures for comparison is limited to the court's own necessity in determining the truth of a disputed writing. This provision cannot be used by a party to compel an opposing party or witness to provide sample writings for the advancement of the moving party's case or defence, as such an action amounts to an unauthorized attempt to collect evidence. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Hindu Succession Act. Property acquired through a Will from a collateral (such as brother or uncle) is separate property, not coparcenary property. Succession opens under Section 8 leading to equal shares for all Class I heirs. Karnataka High Court.

  • 25-October-2025
  • Daksha Legal
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  Transfer of Property Act. Quit notice issued to tenant by registered post returned with postal shara ‘’insufficient address’’ is presumed served under Section 27 of the General Clauses Act. Karnataka High Court.

  • 24-October-2025
  • Daksha Legal