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  An oral gift (Hiba) under Mohammedan Law does not require compulsory registration or payment of stamp duty based on market value, and a written record of such a gift does not alter its fundamental nature or requirements. Karnataka High Court.

  • 06-June-2025
  • Daksha Legal
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  Planning authority cannot reject an application for a development plan on the sole premise of a mere proposal for future development or acquisition, unless a formal notification for acquisition has been issued. Karnataka High Court.

  • 06-June-2025
  • Daksha Legal
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  Irrevocable General Power of Attorney along with an Agreement of Sale and affidavit executed by the lease-cum-sale allottee prior to the judgment in Suraj Lamps can be relied on for the purpose of executing sale deed by the Development Authority in favour of the GPA holder. Karnataka High Court.

  • 06-June-2025
  • Daksha Legal
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  ‘’The law when misused ceases to be a shield and becomes a sword’’. Criminal proceeding involving offenses under the SC/ST (Prevention of Atrocities) Act is liable to be quashed when the allegations arise primarily from a pre-existing financial or civil dispute between the parties. Karnataka High Court.

  • 06-June-2025
  • Daksha Legal
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  Unlawful Activities (Prevention) Act. An individual is deemed a ‘terrorist’ based on their involvement in acts defined by Section 15, regardless of scheduled status. Bail under Section 43D(5) is denied if there are prima facie reasonable grounds to believe the accusations are true, without requiring a mini-trial. Karnataka High Court.

  • 05-June-2025
  • Daksha Legal
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  A hereditary and rotational religious office like Thantriship in a Hindu temple, established by long-standing tradition and confirmed by administrative orders, cannot be transferred or bequeathed to a non-lineage individual through a Will or Power of Attorney. Karnataka High Court.

  • 05-June-2025
  • Daksha Legal
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  Revenue authorities cannot refuse mutation general objection or a pending civil suit that does not directly challenge the validity of the registered deed or the specific property conveyed by it. Karnataka High Court.

  • 05-June-2025
  • Daksha Legal
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  Tenants who suffered eviction decree cannot invoke Section 92 CPC to protect their possession, as this would unlawfully circumvent the finality of prior judgments and exceed the scope of a public trust suit. Karnataka High Court.

  • 05-June-2025
  • Daksha Legal
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  A public advertisement soliciting proposals is merely an invitation to offer. The submission of proposals in response thereto amounts to an offer. In the absence of an express acceptance, no concluded contract comes into existence. Suit for injunction or damages based on an alleged breach of such a contract is not maintainable. Karnataka High Court.

  • 05-June-2025
  • Daksha Legal
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  ‘’Constitution of India mandates protection of the monuments and places of historic importance from spoilation and disfigurement. Corporations cannot sanction building plan within the prohibited area’’. Karnataka High Court directs issuance of circular barring grant of permission to put up new constructions.

  • 04-June-2025
  • Daksha Legal
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  When a development has been approved under a prevailing Interim Master Plan, the subsequent notification of a final Master Plan that alters the land use designation does not revoke the prior development approval. The validity of the prior approval persists, especially where the developer has acted in accordance with it and third-party rights have been created. Karnataka High Court.

  • 04-June-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Deputy Commissioner cannot reject an application for conversion of agricultural land to non-agricultural purpose on the ground that the original grantee of the land had violated the conditions of the grant. Karnataka High Court.

  • 04-June-2025
  • Daksha Legal