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  Payment of stamp duty and penalty on an instrument, even when ordered by a court under the Karnataka Stamp Act, does not override the four-month time limit for presenting a document for registration as specified in Section 23 of the Registration Act. Court cannot direct a Sub-Registrar to register a document that was not presented for registration within four months of its execution. Karnataka High Court.

  • 14-August-2025
  • Daksha Legal
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  Doctrine of res judicata does not apply to a new application for a temporary injunction if the underlying suit has been materially altered by amendment, such as changing a suit for bare injunction to a declaratory suit asserting an easementary right. Karnataka High Court.

  • 14-August-2025
  • Daksha Legal
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  Courts should refrain from interfering with or halting an election process once it has commenced, even in the face of allegations of illegality or procedural non-compliance. The preparation of the electoral roll is merely an intermediate stage, and once the process is underway, it must be allowed to run its course without judicial interruption. Karnataka High Court.

  • 14-August-2025
  • Daksha Legal
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  The Registration of Births and Deaths Act is a special statute that prescribes a specific and effective remedy for such matters. When a special law designates a competent authority and lays down a prescribed procedure, the jurisdiction of civil courts is impliedly barred. Karnataka High Court.

  • 14-August-2025
  • Daksha Legal
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  Continuation of criminal proceedings against a husband’s family member, particularly the father-in-law, without specific and proximate allegations amounts to an abuse of the legal process and serves no purpose, especially when the matrimonial relationship between the principal parties has been conclusively dissolved by a decree of divorce. Supreme Court.

  • 14-August-2025
  • Daksha Legal
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  Industrial Disputes Act. When a dispute challenges a settlement made under Section 12(3), the government must exercise a ‘higher degree of scrutiny’ and record its reasons for being satisfied that a case for adjudication exists before referring it. Karnataka High Court.

  • 14-August-2025
  • Daksha Legal
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  Sale of property effected after obtaining an ex-parte partition decree but before the filing of a petition for restoration of the suit raises a triable issue as to whether it is hit by the doctrine of lis pendens. The purchaser is a necessary party to the suit. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  In a partition suit involving a Christian family, succession must be determined under the Indian Succession Act, and the coparcenary principles under the Hindu Succession Act have no application. Where an intestate dies leaving only children, the property is to be divided equally among all surviving children. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  A legatee under a Will shall be permitted to be impleaded as the legal representative of a deceased appellant to continue the appeal, as the devolution of interest prevents its abatement. Detailed inquiry into the will's validity is not required at this stage. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  Industrial Disputes Act. A second conciliation proceeding is permissible if both parties jointly request it, even after an initial failure report has been submitted. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  When a sale deed is executed pursuant to a decree for specific performance, stamp duty and registration fees are to be calculated on the property’s value stated in the original sale agreement, not the prevailing market value at the time of registration, whether executed through court in execution proceedings or voluntarily by the judgment debtor. Karnataka High Court.

  • 13-August-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Tahasildar has no power to invite applications from landless persons unless a prior order has been passed by the Land Tribunal under Section 67 of the Act which determines that the land is in excess of the ceiling area and is to be surrendered to the State Government. Karnataka High Court.

  • 12-August-2025
  • Daksha Legal