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  Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.

  • 14-July-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.

  • 14-July-2025
  • Daksha Legal
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  Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. Supreme Court.

  • 14-July-2025
  • Daksha Legal
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  Public authorities bear a mandatory duty to ensure demolition of unauthorized constructions. Any connivance or failure to act by officials in preventing or dealing with such illegalities warrants strict criminal and departmental action to safeguard public interest and planned urban development. Supreme Court.

  • 14-July-2025
  • Daksha Legal
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  An application to amend pleadings under Order VI Rule 17 of the Civil Procedure Code, 1908, particularly when made after the commencement of trial and after a considerable and unexplained delay (e.g., 14 years), must be denied if the applicant fails to demonstrate ‘due diligence’ in not raising the matter earlier, and if the proposed amendment would cause prejudice to the opposing party by fundamentally altering the nature of the case or contradicting judicial admissions made during trial. Karnataka High Court.

  • 12-July-2025
  • Daksha Legal
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  A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court's order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.

  • 12-July-2025
  • Daksha Legal
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  Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Karnataka Lokayuktha has no power to go into the question of irregularity or grievances which arise during the recruitment of an employee since such enquiry does fall within the definition of ‘administrative action’ of a civil servant. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  For an arbitration clause to be valid and binding, it must unequivocally demonstrate the parties' mandatory intention to refer disputes to arbitration. The use of precatory language like ‘may’ rather than mandatory language like ‘shall’ indicates a mere possibility or option for future arbitration, contingent on further agreement, and therefore does not create a legally enforceable arbitration agreement. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Industrial Disputes Act. Enquiry under Section 33 (2) (b) as to whether domestic enquiry was fair and proper rendered after recording evidence operates as Res judicata between the same parties in a subsequent proceeding challenging the penalty imposed. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Foreign Marriage Act. A marriage conducted in accordance with the customs or religious practices of a foreign country, and supported by evidence such as cohabitation, joint finances, and social recognition, holds legal validity in India, regardless of whether it is registered under the Act. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Interim maintenance for a wife and child should be granted consistently, liberally to ensure survival during proceedings. An order denying interim maintenance to a wife while granting it to the child, without sufficient grounds, is unsustainable, especially when considering the respondent's admitted high income. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal