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  The eligibility of land for regularization of unauthorized occupation, in relation to the prescribed prohibited distance from a local authority’s boundary, must be determined with reference to the geographical boundary and legal status as they existed on the date of filing the original application, and not as on the date of its consideration. Karnataka High Court.

  • 11-October-2025
  • Daksha Legal
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  Karnataka Court Fee and Suit Valuation Act. Unless the plaintiff himself admits ouster, a suit for partition by a co-parcener must be valued under Section 35(2), based on the statutory presumption of joint possession regardless of any contrary claims or assertion of exclusive title/possession raised by the defendants in their written statement. Karnataka High Court.

  • 10-October-2025
  • Daksha Legal
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  The utilization of private land by the State for a public purpose without following due process of acquisition constitutes a violation of the landowner’s constitutional right to property guaranteed under Article 300-A of the Constitution. In such circumstances, the Court is duty-bound to direct the State to initiate compulsory acquisition proceedings in accordance with law and ensure payment of just and fair compensation for the land so appropriated. Karnataka High Court.

  • 10-October-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Statutory bar against specific performance of a contract of personal service under Section 14(1)(b) of the Specific Relief Act is a substantive legal principle that equally binds Arbitral Tribunals, thereby precluding them from granting the relief of reinstatement. Karnataka High Court.

  • 11-October-2025
  • Daksha Legal
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  Indian Stamp Act. When the principal himself executes a Security Bond-cum-Mortgage Deed to secure his own obligations, the instrument satisfies all the essential requirements of a mortgage deed and cannot be treated merely as a security bond. Supreme Court.

  • 10-October-2025
  • Daksha Legal
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  Hindu Minority and Guardianship Act. Transfer of a minor's immovable property by a natural guardian without prior court permission, being voidable under Section 8(3) can be effectually repudiated by the minor on attaining majority through an unequivocal act of conduct, such as executing a subsequent sale deed for the same property in favour of a third party. A formal suit for cancellation within the limitation period is not a mandatory prerequisite for such repudiation. Supreme Court.

  • 10-October-2025
  • Daksha Legal
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  A suit for injunction simpliciter to restrain interference with peaceful possession cannot be maintained when the plaintiff admits that possession is with the defendant. Where the defendant asserts a hostile title, the plaintiff is obligated to seek a declaration of title and consequential recovery of possession. Supreme Court.

  • 10-October-2025
  • Daksha Legal
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  Rectification of an instrument is permissible only by the original parties or all their legal successors in interest. A Rectification Deed executed by only some of the legal representatives, excluding others, is void ab initio and cannot be considered legally enforceable. Any Sale Deed executed based on such an invalid Rectification Deed is also rendered void and not binding upon the parties lawfully entitled to the property. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Right to Fair Compensation Act. RFCTLARR. Collector has a bounden statutory duty to deposit the compensation awarded directly into the land loser's bank account expeditiously. The payment cannot be withheld on the ground that the land loser has a dispute regarding the quantum of compensation. Writ of mandamus can be issued to compel the Collector to perform this statutory duty. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Hindu Succession Act. Property inherited by a female from her mother becomes her absolute, separate property under Section 14(1). Daughter has no right by birth to challenge the disposition of the property by her mother. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  Hindu Law. Daughter's right to an equal share in ancestral joint family property under the Hindu Succession Act is established by birth and is not conditional upon the father-coparcener being alive on the date of the amendment. Any prior judgment or preliminary decree restricting the daughter's share based on the father's death date must be modified to grant the daughter an equal share as a son. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  Suit for partition. Trial Courts should proceed suo motu to draw the final decree after the preliminary decree to prevent undue delay. Karnataka High Court calls for informed discussions among stakeholders to evolve an effective procedure supported by an appropriate legislative framework.

  • 08-October-2025
  • Daksha Legal