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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
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  Though plaintiff can seek to summon defendant as his witness under Order XVI Rule 21 CPC, such a request cannot be granted as a matter of right. Trial Court must consider the purpose for which the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal
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  Posthumous registration of a Will is legally permissible and does not, in itself, invalidate the Will or render it suspicious. Courts cannot prejudge the genuineness of a Will at the interlocutory stage based solely on such registration, as its validity must be determined through evidence at trial. Karnataka High Court.

  • 15-July-2025
  • Daksha Legal
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  Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.

  • 14-July-2025
  • Daksha Legal
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  Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.

  • 14-July-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.

  • 14-July-2025
  • Daksha Legal
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  Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. Supreme Court.

  • 14-July-2025
  • Daksha Legal
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  Public authorities bear a mandatory duty to ensure demolition of unauthorized constructions. Any connivance or failure to act by officials in preventing or dealing with such illegalities warrants strict criminal and departmental action to safeguard public interest and planned urban development. Supreme Court.

  • 14-July-2025
  • Daksha Legal
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  An application to amend pleadings under Order VI Rule 17 of the Civil Procedure Code, 1908, particularly when made after the commencement of trial and after a considerable and unexplained delay (e.g., 14 years), must be denied if the applicant fails to demonstrate ‘due diligence’ in not raising the matter earlier, and if the proposed amendment would cause prejudice to the opposing party by fundamentally altering the nature of the case or contradicting judicial admissions made during trial. Karnataka High Court.

  • 12-July-2025
  • Daksha Legal
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  A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court's order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.

  • 12-July-2025
  • Daksha Legal
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  Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Karnataka Lokayuktha has no power to go into the question of irregularity or grievances which arise during the recruitment of an employee since such enquiry does fall within the definition of ‘administrative action’ of a civil servant. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal