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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
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  Drugs and Cosmetics Act. An Inspector appointed under Section 21(1) retains competency upon being transferred to a new area without requiring a fresh Gazette Notification. The bar on trial by a Court inferior to the Court of Session under Section 32(2) does not preclude a Magistrate from taking cognizance of the complaint and committing the case to the Sessions Court for trial. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
• 

  Renewable energy. A regulatory framework that subjects one category of competitors to a mandatory and untime-bound precondition while allowing other competing categories in the same seniority queue to proceed without such a burden, fails to create a ‘level playing field’ is violative of Articles 14 and 19(1)(g) of the Constitution. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  ‘’Corruption undermines democracy and the rule of law; courts, as the last bastion of justice, must ensure accountability prevails over impunity.’’ An acquittal in a criminal case does not nullify departmental findings, as standards of proof differ; a Tribunal cannot reappraise evidence or replace the disciplinary authority’s conclusions. Karnataka High Court.

  • 09-October-2025
  • Daksha Legal
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  A prior security interest created by a Bank under the SARFAESI Act takes precedence over a subsequently created statutory charge for tax dues under the Central or State GST Act, and vice-versa. GST authorities must remove their encumbrance to allow the Bank to proceed with the auction of the secured property. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  Motor Vehicles Act. Insurance Company cannot be exonerated from paying compensation on the ground of the driver not possessing a valid driving license when the police charge sheet names a different driver who is found to have a license. Karnataka High Court.

  • 08-October-2025
  • Daksha Legal
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  Motor Vehicles Act. Combination of tractor and trailer is a goods carriage. Even if only the trailer and not the tractor is insured, the insurer of the trailer remains liable to compensate third-party claims arising from its use. Karnataka High Court.

  • 06-October-2025
  • Daksha Legal
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  A compromise decree in a suit for specific performance, which merely records an agreement to transfer property, does not convey title. A purchaser cannot claim ownership or demand mutation in revenue records solely on the basis of such a compromise without first having the sale deed executed and registered through appropriate execution proceedings. Karnataka High Court.

  • 06-October-2025
  • Daksha Legal
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  Pendency of a criminal appeal or the option to apply for suspension of sentence or bail is not a bar to consider an application for parole, which is a separate, time-bound relief granted in exigent circumstances. An authority rejecting parole must issue a reasoned order clearly applying the relevant sections of the Karnataka Prison Manual. Karnataka High Court.

  • 06-October-2025
  • Daksha Legal
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  Karnataka SC/ST (PTCL) ACT. There is no restriction for a grantee or his legal heirs to invoke the provisions of the Act for subsequent transfers after the land has been resumed and restored in an earlier proceeding. Karnataka High Court.

  • 06-October-2025
  • Daksha Legal