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Judgements
Maintenance and Welfare of Parents and Senior Citizens Act. Gift deed involving a senior citizen cannot be cancelled unless it contains a specific covenant that the transferee will provide basic amenities and basic physical needs to the donor. Karnataka High Court.
09-April-2025
Daksha Legal
Grant of Land. The distance between the land and the BBMP boundary will be calculated based on the date of the application submission, not the current date. The 18 km restriction from the BBMP boundary imposed by notification will not be applied retrospectively to applications submitted before the notification date. Karnataka High Court.
09-April-2025
Daksha Legal
Land acquisition. Deletion of certain lands from the acquisition based on objective, rational considerations, including areas that had already been converted for non-agricultural use, extensively developed localities, nurseries, religious institutions, and lands already acquired for other Government projects etc cannot be a ground to challenge the acquisition proceedings. Karnataka High Court.
09-April-2025
Daksha Legal
Land acquisition. Failure to include land in the preliminary notification and denial of the right to file objections vitiates the entire acquisition proceedings. Arbitrary exclusion or inclusion of lands in the acquisition process is discriminatory and unlawful. Karnataka High Court.
09-April-2025
Daksha Legal
In disputes involving family partitions and boundary demarcation, the Court may direct the relevant authorities to conduct a fresh survey strictly in accordance with the terms of the registered Partition Deed to ensure fairness and accuracy and to avoid claims beyond what was allotted. Karnataka High Court.
08-April-2025
Daksha Legal
“Status of husband and wife for the purpose of Section 24 has been achieved by the spouses by the solemnization” In proceedings under the Hindu Marriage Act, it is the legal duty of the husband to maintain the wife, especially when the wife has no independent source of income. Karnataka High Court.
08-April-2025
Daksha Legal
Reclassification of kharab lands after prolonged delay of several decades is impermissible. Revenue authorities must adhere to the established land classifications in the revenue records when determining the nature of the land. Karnataka High Court.
08-April-2025
Daksha Legal
Power of High Court to order inquiry. When there are serious allegations and contra-allegations regarding incidents occurring during a protest, particularly involving claims of unprovoked police violence, the constitution of a commission of inquiry is necessary to ensure an impartial and thorough investigation. Karnataka High Court.
08-April-2025
Daksha Legal
Arbitration and Conciliation Act. Limitation to file application under Section 34 (3) to set aside an arbitral award. The date of receiving signed copy of the award must be excluded while computing the limitation. Supreme Court.
08-April-2025
Daksha Legal
Criminal Law. Co-accused can question grant of pardon to an accused only on the procedural illegality in granting pardon and not the order granting pardon or its content. Karnataka High Court.
07-April-2025
Daksha Legal
Pardon under Section 306 Cr.P.C. When accused himself seeks pardon and the prosecution supports such pardon it is deemed acceptance of pardon. There is no need for the Court to record or deduce the acceptance in writing. Karnataka High Court.
07-April-2025
Daksha Legal
Karnataka Land Revenue Act. Kumki land is intrinsically attached to the warg land. Re-purchase of warg land automatically restores kumki privileges to the owner. Kumki land alone cannot be granted under the regularisation of unauthorised occupancy scheme. Karnataka High Court.
07-April-2025
Daksha Legal
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