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  When there are two agreements to sell with different price components, the court must examine the intent of the parties and the circumstances surrounding the agreements to determine the actual terms of the transaction. A mere change in price alone may not constitute novation unless the new contract completely substitutes, rescinds, or alters the original contract. Karnataka High Court.

  • 07-April-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Limitation to file application under Section 34 (3) to set aside an arbitral award is ‘three calendar months’ and not 90 days. There is no wholesale exclusion of the provisions of the Limitation Act in calculating the period of limitation. Supreme Court.

  • 06-April-2025
  • Daksha Legal
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  Mere earning capacity of a wife cannot operate as bar from being awarded maintenance by the husband. Karnataka High Court.

  • 05-April-2025
  • Daksha Legal
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  Acquisition by BDA. When adjacent lands are not acquired or deleted from the acquisition, small islands of acquired land cannot be used as a standalone park or playground in regard to a layout formed in a different unconnected lands. Karnataka High Court.

  • 05-April-2025
  • Daksha Legal
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  Karnataka Municipalities Act. Deputy Commissioner has no power under Section 304 or 322 to stop construction undertaken by a private person. The power is confined only to inspect and supervise the work done by the Council. Karnataka High Court.

  • 05-April-2025
  • Daksha Legal
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  Specific performance. Even if a seller has a limited interest in a property at the time of the sale agreement (such as a lease-cum-sale agreement), if he subsequently acquires full ownership, the buyer can enforce the sale agreement. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Tahasildar has no authority to conduct an inquiry into the genuineness of a saguvali chit. The inherent powers under Section 25 cannot be used to circumvent the specific procedural framework established under the Rules. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
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  A suit for partition filed 45 years after an oral family settlement and with knowledge of registered sale deeds is barred by limitation. Registered documents provide constructive notice to all parties involved, and a failure to challenge such transactions within the limitation period prevents plaintiffs from re-opening their rights. Supreme Court.

  • 04-April-2025
  • Daksha Legal
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  Domestic Violence Act. A woman possesses an independent right to reside in a shared household, irrespective of her ownership or interest in the property, based on the existence of a domestic relationship, which includes past cohabitation. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
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  A person born in a caste which is not notified as a SC or ST in one State cannot claim the benefit, upon migration to another State, wherein that caste or community is notified as SC or ST. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
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  There is no limitation period for enforcing an order of maintenance under Section 125 of the Cr.P.C. While recovery of arrears within one year of the due date can be enforced through a warrant for levying fines and potential imprisonment, other modes of recovery are available for claims made beyond this period. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  A 30-year lease deed is not mandatory for establishing a pre-primary school. The Government notification exempts pre-primary schools from the land requirements applicable to other educational institutions. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal