Judgements

Hindu Law. Devolution of a deceased Hindu male's separate self-acquired property must be governed by the general rules of succession under Section 8 of the Hindu Succession Act which mandates that the widow and all children, being Class I heirs, are entitled to equal shares in the property. Coparcenary principles under Section 6 of the Act do not apply to such separate property. Karnataka High Court.

10-November-2025

Daksha Legal
Motor Vehicles Act. A claim petition cannot be dismissed solely on the ground of delay in lodging the First Information Report (FIR) if there is evidence, such as wound certificates mentioning a Road Traffic Accident (RTA), and a plausible or cogent explanation for the delay is presented, such as prioritizing the medical treatment and care of the injured victims. Karnataka High Court.

10-November-2025

Daksha Legal
A Magistrate may refer a private complaint for police investigation under Section 156(3) CrPC if the available material prima facie discloses a cognizable offence or a conspiracy to defraud the court, particularly when the inquiry is at a nascent stage. The mere use of the words “further investigation” does not vitiate such exercise of power. Supreme Court.

10-November-2025

Daksha Legal
Food Safety and Standards Act and the Regulations are constitutionally valid. The regulatory regime is essential to ensure the availability of safe and wholesome food, which is an integral and inalienable part of the fundamental right to life guaranteed under Article 21 of the Constitution of India. Karnataka High Court.

10-November-2025

Daksha Legal
Magistrates and Criminal Courts cannot entertain application for recalling or modifying Look Out Circular. Power is vested only with the Constitutional Courts. Karnataka High Court.

08-November-2025

Daksha Legal
A mortgagee cannot claim right over the mortgaged property just because long period of time has been lapsed since in the case of usufructuary mortgage, unlike other types of mortgages, the Mortgagee cannot claim ownership over the suit property even after the expiry of thirty years from the date of mortgage. Karnataka High Court.

08-November-2025

Daksha Legal
Specific Relief Act. A decree for specific performance cannot be enforced against subsequent purchasers who successfully establish that they are bonafide purchasers for value without notice of the prior agreement, thereby qualifying for protection under Section 19(b). Karnataka High Court.

07-November-2025

Daksha Legal
Suit for partition. The mere fact that the daughters did not dispute the earlier oral partition or claim their share cannot be a ground to deny them a share in the ancestral properties under Section 6 of the Hindu Succession Act. Karnataka High Court.

07-November-2025

Daksha Legal
A title derived from a validly registered General Power of Attorney and subsequent sale deed, which are chronologically prior to an opponent's claim based on a later, unregistered GPA executed by the original owner, who no longer held title, constitutes a superior claim. Karnataka High Court.

07-November-2025

Daksha Legal
Suit for partition. Joint family property inadvertently omitted from the plaint and the consequent preliminary decree can be included during the final decree proceedings. Karnataka High Court.

06-November-2025

Daksha Legal
Indian Succession Act. A person who claims a right to the testator's property adverse to the testator's title and who is not an heir under succession or inheritance, does not have a ‘caveatable interest’ and cannot be impleaded as an objector in a petition for the grant of probate. Karnataka High Court.

06-November-2025

Daksha Legal
Where a contract allows one party to unilaterally terminate it under specified conditions, and such termination is exercised, a suit for specific performance without seeking a declaration that the termination is invalid is not maintainable. Supreme Court.

06-November-2025

Daksha Legal

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