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  When a plaintiff seeks a declaration of title and incidentally challenges a subsequent sale deed without claiming possession or setting up an independent cause of action, market value cannot be applied for the court fee on such ancillary relief. Karnataka High Court.

  • 30-June-2025
  • Daksha Legal
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  Karnataka Rent Act. Civil Court has jurisdiction over eviction suits for commercial premises if the ‘plinth area’ exceeds 14 square metres. For this purpose, the space acquired by the wall must be included. Karnataka High Court.

  • 28-June-2025
  • Daksha Legal
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  Commercial Courts Act. If mediation and settlement efforts have already been substantially undertaken and failed before a civil court, it is not necessary to send the parties for mediation again after the suit is re-filed as a commercial suit. Karnataka High Court.

  • 28-June-2025
  • Daksha Legal
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  Hindu Succession Act. Where property is granted to a wife under a consent decree for the maintenance of herself and her children, such property vests with her absolutely under Section 14(1), even after the children attain majority, unless the decree contains an express restrictive condition limiting her interest. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  A plaint cannot be rejected under Order VII Rule 11 CPC on the grounds of limitation if the plaintiff pleads a later date of knowledge, as this creates a mixed question of fact and law requiring evidence. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Consumer Protection Act. Complaints against banks alleging deficiency in service, particularly those arising from marital disputes or involving criminal allegations, are not suitable for adjudication through the summary procedure of consumer forums. Such complaints are liable to be dismissed, especially where the complainant had prior knowledge of the transactions in question. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Gift deed executed before coming into force of the Act cannot be challenged under the Act. Proper remedy is to file appropriate suit before the Civil Court. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Municipal authority cannot adjudicate on the validity of registered gift deeds or civil court judgments while considering a khata transfer application. If there are existing khatas registered in other individuals' names, those parties must be given an opportunity to be heard before any orders affecting their rights are passed. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007. While senior citizen who is aggrieved by the order can appeal under Section 16, son, daughter or a third party can approach the High Court under Article 226 and 227 of the Constitution challenging the order. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  A writ petition challenging the constitutional validity of a statutory provision does not become infructuous merely because the provision is amended or repealed during the pendency of the proceedings, if the petitioners have suffered consequences under the unamended law that are capable of being redressed by the Court. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  Land Acquisition Act. Period of two years statutorily imposed for rendering an award under Section 11A of the Land Acquisition Act cannot be made applicable to an award passed on a reference made under Section 18 and an application made under Section 28A. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  Land Acquisition Act. When determining enhanced compensation for acquired land, particularly land with potential for non-agricultural use but not yet converted, the market value can be calculated based on the Sub-Registrar's rate for residential property in the vicinity, subject to a deduction for development charges. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal