Judgements

Karnataka Rent Act. Production of rent receipts serves as prima facie proof of the landlord-tenant relationship, enabling the court to proceed with the eviction case without a detailed inquiry into the landlord’s title. The revisional court cannot exceed its jurisdiction by undertaking a fact-finding exercise. Supreme Court.

11-September-2025

Daksha Legal
Karnataka Land Reforms Act. A family dispute concerning agricultural land cannot be treated as a landlord–tenant matter under the Act. Mere possession and cultivation of the land do not establish tenancy; the burden lies on the claimant to prove the existence of a tenancy. Karnataka High Court.

11-September-2025

Daksha Legal
Under the amended Karnataka Land Revenue Rules, revenue authorities are bound to entertain applications seeking cancellation of land forfeiture, even when the forfeiture is followed by sale of the property for recovery of government dues. Upon repayment of the arrears, the authorities must delete ‘Sarikari Pada’ entry from the revenue records. Karnataka High Court.

10-September-2025

Daksha Legal
SARFEASI Act. An auction purchaser who fails to pay the full sale consideration is not entitled to a refund of the deposit merely because the auctioning authority did not deliver possession. The proper course for such a purchaser is to deposit the balance sale price in full and thereafter seek legal remedies to obtain possession. Karnataka High Court.

10-September-2025

Daksha Legal
Indian Registration Act. When a General Power of Attorney holder vested with full powers executes a sale deed, he is deemed to be the ‘person executing’ the document under Section 32(a). In such a case, authentication of the GPA by the Sub-Registrar is not required. Authentication is necessary only when an agent merely presents the document on behalf of the principal. Karnataka High Court.

10-September-2025

Daksha Legal
Civil Procedure Code. A court's power of review is limited to correcting a mistake or an error apparent on the face of the record. The court exceeds its review jurisdiction when it records fresh findings and overturns previous conclusions, effectively acting as an appellate court. Supreme Court.

10-September-2025

Daksha Legal
An employer cannot initiate departmental proceedings for incidents that occurred beyond the prescribed limitation period. Once this period has lapsed, an employee’s retirement benefits cannot be withheld indefinitely on the pretext of contemplated disciplinary action. Karnataka High Court.

10-September-2025

Daksha Legal
‘’Maintenance cannot remain a mirage shimmering in the desert of inflation’’. Karnataka High Court urges the Union Government to revisit Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act and revise the ceiling in line with the cost-of-living index.

09-September-2025

Daksha Legal
A plaint cannot be rejected in fragments under Order VII Rule 11 CPC. The provision does not empower the Court to strike out certain portions while permitting the rest to continue. Its scheme and language make it clear that rejection can be ordered only when the plaint, viewed in its entirety, is either barred by law or fails to disclose a cause of action. Karnataka High Court.

09-September-2025

Daksha Legal
An agreement holder cannot claim protection under Section 53-A of the Transfer of Property Act based on an unregistered sale agreement, as the delivery of possession in such a case would not be valid following the amendment to the Registration Act. Karnataka High Court.

09-September-2025

Daksha Legal
Writ Jurisdiction. When authorities fail to comply with repeated remand directions despite the settled legal position, the Court may grant appropriate relief directly rather than remanding the matter once again. Karnataka High Court.

09-September-2025

Daksha Legal
Motor Vehicles Act. For the purpose of fixing the multiplier, completed years of age has to be taken into consideration and not the running age. Karnataka High Court.

09-September-2025

Daksha Legal

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