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  A purchaser of property during ongoing litigation should be allowed to join the suit, ensuring all affected parties are heard, preventing potential collusion, and enabling the court to make a comprehensive and final decision, subject to the suit's outcome. Karnataka High Court.

  • 19-June-2025
  • Daksha Legal
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  Waqf Act. Powers under Section 40 can be used only in respect of property which was already a Waqf property and not to create fresh Waqf as regards a property which was never a Waqf property. Karnataka High Court.

  • 19-June-2025
  • Daksha Legal
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  Public roads and pavements must be scrupulously maintained for public use. Municipal Corporation collecting ground rent for storing construction material on public roads and pavements militates against the statutory provisions and hence illegal. Karnataka High Court.

  • 19-June-2025
  • Daksha Legal
• 

  Hindu Adoptions and Maintenance Act. Father-in-law is legally obligated to provide maintenance to his widowed daughter-in-law if she is unable to maintain herself and when he possesses sufficient property capable of generating income. Karnataka High Court.

  • 18-June-2025
  • Daksha Legal
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  Levy of fee, such as ‘ground rent’, ‘guidance value’, ‘scrutiny fee’, etc., even by a plenary legislation, must be commensurate to the services rendered by the Municipal Corporation. Else, the levy would be manifestly arbitrary. Karnataka High Court strikes down amendments to the Karnataka Municipal Corporations Act as unconstitutional.

  • 18-June-2025
  • Daksha Legal
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  Industrial land allotment by KIADB. When there is enormous delay in issuing final notification forcing the allottee to cancel the project, the KIADB cannot forfeit portion of the upfront payment made by the allottee. Karnataka High Court.

  • 18-June-2025
  • Daksha Legal
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  DNA test does not violate right to life or privacy of a person. When identity of a common ancestor and the relationship between parties are disputed, and existing evidence is inconclusive, DNA profiling test may be ordered to establish the biological relationship. Karnataka High Court.

  • 18-June-2025
  • Daksha Legal
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  Waqf Act. Mere donation of the monies by the Mutawalli would not create a Waqf in respect of property of the borrower. There must be a permanent dedication by a person professing Islam to treat a property to be a Waqf property. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Property purchased by wife in her husband's name using her own funds is her self-acquired property, exempt from benami prohibitions, as the statutory exception for a husband purchasing in his wife's name is reciprocally applied. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Limitation period for a Section 34 application to set aside an arbitral award commences from the date a party receives the signed award. If formal service is not proven, the date of applying for a certified copy can be deemed the start of the limitation period. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  While specific and substantial allegations of cruelty and other offenses against a husband warrant continued investigation and trial, general and omnibus allegations against the husband's relatives such as mother-in-law and father-in-law without specific instances that meet the ingredients of the alleged offenses, are liable to be quashed to prevent abuse of the process of law. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal
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  Oral evidence, especially from interested witnesses lacking specific details, cannot establish a disputed familial relationship in a partition suit when it contradicts reliable, decades-old registered documentary evidence where the claimed relationship is notably absent. Karnataka High Court.

  • 17-June-2025
  • Daksha Legal