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  Land Acquisition Act. A claimant who has previously entered into a consent agreement or accepted a negotiated settlement with the acquiring body for a specific amount of compensation is barred by the principle of estoppel and waiver from subsequently seeking re-determination or enhancement of compensation, as the consent agreement constitutes a final settlement of the claim. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Grant of ad-interim ex-parte order of temporary injunction must comply with the mandatory requirement of the Proviso to Order XXXIX Rule 3 of the CPC, which obligates the Court to record specific reasons for its opinion that the object of granting the injunction would be defeated by delaying the issuance of notice to the opposite party. The failure to record such reasons renders the order unsustainable. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Victim Compensation Scheme. Power to award compensation under Section 357 Cr.P.C. is not ancillary to other sentences. In criminal cases resulting in death, courts have a mandatory duty to judiciously apply their mind to ensure suitable compensation is recommended for the dependent victims, such as minor children. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Negotiable Instruments Act. A statutory demand notice under Section 138 must require payment to be made to the payee or holder in due course. A notice demanding payment to a third party is invalid, and any proceedings based on such a defective notice are unsustainable in law. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Karnataka Cooperative Societies Act. An explicit arbitration clause in an agreement between a Cooperative Society and another party prevails over the statutory dispute resolution mechanism under the Act. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Constitution of India. While courts cannot prescribe fixed timelines for the President or Governors to assent to Bills, where a Bill is kept pending indefinitely without justification, the Court may direct the Governor to take a decision within a reasonable period, without commenting on or interfering with the merits of the discretion exercised. Supreme Court.

  • 04-December-2025
  • Daksha Legal
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  Order XXIII Rule 3A. When an application questioning the compromise raises a substantial legal question concerning a purported attempt to deprive a daughter of her statutory right to an equal share in coparcenary property, the trial court cannot summarily dismiss the application without issuing notice to the parties or considering its merits. Karnataka High Court.

  • 02-December-2025
  • Daksha Legal
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  Land acquisition. If the Land Acquisition Officer fails to justify the award or prove the relied-upon sale statistics, the court must reassess the market value on the basis of the claimant’s evidence, including non-agricultural potential. Where comparable sales are prior or subsequent to the preliminary notification, escalation or de-escalation may be applied to arrive at a fair value, particularly for land with high development potential. Karnataka High Court.

  • 01-December-2025
  • Daksha Legal
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  Right to Property under Article 300A of the Constitution, fortified by the Right to Life and Personal Liberty under Article 21, cannot be rendered illusory or defeated by the mere lapse of time when the State itself admits to having taken over and utilized the private land without following due process of law. State must meet the threshold of justification by grant of compensation. Karnataka High Court.

  • 02-December-2025
  • Daksha Legal
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  Where the materials on record prima facie disclose specific, detailed, and consistent allegations of sexual assault and other offenses like physical assault and criminal intimidation, supported by a pattern of coercion, digital blackmail, and threats, the defense of a ‘consensual relationship’ or disputes over facts must be determined during a full trial, and not at the preliminary stage of quashing. Karnataka High Court.

  • 02-December-2025
  • Daksha Legal
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  Order XXXVIII Rule 5 CPC. Attachment before judgment cannot extend to properties which have already been alienated prior to the institution of the suit. The remedy to challenge a pre-suit transfer as fraudulent lies exclusively under a substantive proceeding pursuant to Section 53 of the T.P. Act. Supreme Court.

  • 02-December-2025
  • Daksha Legal
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  Karnataka Stamp Act. If possession was already held by the purchaser prior to the agreement of sale or if possession is not delivered under the agreement, the document is only liable to be stamped under the lower duty. Karnataka High Court.

  • 01-December-2025
  • Daksha Legal