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  Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act. A landowner holds the preferential right to redevelop his land, and government acquisition is subordinate to this right. Acquisition can be initiated only if the landowner, after being given a reasonable opportunity, fails to submit a redevelopment scheme to the Slum Rehabilitation Authority. Supreme Court.

  • 25-August-2025
  • Daksha Legal
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  Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of a gift deed without monetary value. Court fee is payable under Section 24(d) and not Section 38, since ‘value of the subject matter’ does not mean market value and love and affection in a gift deed cannot be monetarily assessed. Karnataka High Court.

  • 25-August-2025
  • Daksha Legal
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  A registered sale deed cannot be unilaterally cancelled by a government authority, even on the plea of fraud. The proper course of action for the aggrieved party is to challenge the deed in a competent Civil Court. Karnataka High Court.

  • 25-August-2025
  • Daksha Legal
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  Waqf Act. The Chief Executive Officer can hold an inquiry under Section 54 to decide whether a property is Waqf property and if it has been encroached upon. However, he cannot order eviction since that authority lies exclusively with the Tribunal. Karnataka High Court.

  • 25-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. After appointment of an arbitrator under Section 11(6) it is impermissible for the Court in such disposed of proceedings to issue any further ancillary directions concerning the arbitration proceedings that have commenced pursuant to appointment of the arbitrator. Supreme Court.

  • 25-August-2025
  • Daksha Legal
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  A landlord can file a counter-claim for ejectment in a tenant's suit for a permanent injunction, as such a claim is maintainable under Order VIII Rule 6A of the Code of Civil Procedure. When the tenant admits to the termination of the tenancy and receipt of a valid quit notice, the court is justified in passing a decree for ejectment without requiring further evidence. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  Civil Procedure Code. A defendant who has merely adopted a written statement filed by another defendant cannot file an application to amend that written statement. The right to seek an amendment of a pleading lies with the person who originally filed it. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  Karnataka Lokayukta jurisdiction extends to probing misconduct in recruitment, even before formal appointment, as a ‘public servant’ includes anyone ‘who is or was at any time’, a government servant. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  A Second Appeal under Section 100, Code of Civil Procedure is not maintainable to challenge a part of a trial court's decree if that part was not contested by way of an appeal or a cross-objection before the first appellate court. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  A court is obligated to impound a document the moment it appears to be deficiently stamped. An agreement of sale that explicitly states delivery of possession is liable to be impounded for deficient stamp duty. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  Abetment to commit suicide. There must be a direct and proximate link between the accused's actions and the deceased's death. A clear mens rea (guilty mind) and an active, direct act intended to push the person to commit suicide are required. General allegations of torture in a death note, or words uttered in the heat of a moment, are not sufficient to prove abetment.

  • 22-August-2025
  • Daksha Legal
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  Income Tax Act. ‘Section 150 is not a passport to wander beyond limitation at will. Tribunal’s words ‘it may proceed in accordance with law’ cannot be transmuted into a licence to breach the barricade of limitation.’ Karnataka High Court quashes time-barred notices reopening the assessment.

  • 22-August-2025
  • Daksha Legal