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  Waqf. When a dispute does not fall in the exclusive jurisdiction of the Waqf Tribunal, High Court can exercise jurisdiction under Article 226 of the Constitution of India especially when there are no disputed questions of fact relating to title or possession requiring trial and evidence. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  A suit for mere declaration of title under Section 34 of the Specific Relief Act, 1963, is not maintainable when the plaintiff is not in possession of the property and, being able to seek the consequential relief of possession, omits to do so. In such cases, the court cannot grant a bare declaration of title. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Land acquisition. When possession of land is forcibly taken before issuance of notifications, 5% per year de-escalation shall be adopted from the date of possession till the notification. The claimant is also entitled to interest and other statutory benefits like solatium and additional market value. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Compassionate appointment claims should be considered based on prevailing norms at the time of application. Applications filed beyond one year after the employee's death cannot be considered, even if the applicant attains majority later. Karnataka High Court.

  • 16-June-2025
  • Daksha Legal
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  Court cannot assist or aid a person who states that the wrong he committed be set aside and a relief be granted after condoning the same. Such person cannot be allowed to benefit from his own wrong and the Court will not be a party to a perpetuation of illegality. Supreme Court.

  • 16-June-2025
  • Daksha Legal
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  Specific Performance Act. Where the property subject to the agreement is part of a larger undivided joint property, co-owner is a necessary party to the specific performance suit since no effective decree can be passed in the absence of such a party. Karnataka High Court.

  • 14-June-2025
  • Daksha Legal
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  An execution petition for an arbitral award in a commercial dispute is maintainable before a Commercial Court, as the commercial nature of the dispute remains intact even after the award is passed. Karnataka High Court.

  • 14-June-2025
  • Daksha Legal
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  An application for stay under Section 10 CPC cannot be entertained if filed after inordinate delay at an advanced stage of trial, as it indicates a malafide intent to protract long-pending litigation, overriding the strict requirements of res sub judice. Karnataka High Court.

  • 14-June-2025
  • Daksha Legal
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  Protection of Women from Domestic Violence Act. Female relatives of the husband/male partner can be included as 'respondents'. However, the quantum of interim maintenance is determined by the proven income of the respondent, and courts are justified in reducing it if the applicant fails to provide evidence of higher income. Karnataka High Court.

  • 13-June-2025
  • Daksha Legal
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  Prevention of Corruption Act. Conviction is justified when complainant's evidence, if consistent and corroborated by material particulars e.g., shadow witness, forensic evidence, and accused's conduct, can establish the demand, particularly when the defence's explanation is unconvincing. Karnataka High Court.

  • 13-June-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Authorities cannot arbitrarily reclassify 'A' kharab land as 'B' kharab land to divest a lawful landholder of their possession and rights, especially when existing revenue records and previous official proceedings unequivocally confirm the landholder's established interest and possession over such land. Karnataka High Court.

  • 13-June-2025
  • Daksha Legal
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  Hindu Marriage Act. The legal fiction of legitimacy under Section 16 is available only to children of Hindu parents whose marriage, though void or voidable, is recognized under the Hindu Marriage Act. Children born out of wedlock between a Hindu and Muslim cannot claim the benefit under the Section. Karnataka High Court.

  • 13-June-2025
  • Daksha Legal