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  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act does not provide a fresh cause of action in respect of the acquisitions of land that stand vested with the State. Any person in possession of the land after the same is vested with the State, is required to be treated as a trespasser. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  Order XXI Rule 22 of the Civil Procedure Code. An executing court is not required to issue a notice to a judgment debtor if the application for execution is filed within two years from the date of the decree. The executing court does not have the discretion to issue such a notice. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Preventive detention. When the detaining authority has correctly distinguished a 'public order' issue from a 'law and order' issue, and if all mandatory procedural requirements, such as supplying the detenue with all relied-upon documents, have been strictly complied with, the court will not substitute its own opinion for the subjective satisfaction of the detaining authority. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Commercial Courts Act. Disputes arising from the failure of a lessee to vacate premises used for commercial purposes, after the expiry of the lease term and despite service of notice under Section 106 of the Transfer of Property Act, fall within the jurisdiction of the commercial courts. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Mysore Forest Act. Once land is notified as forest under Section 17, the notification applies in perpetuity, unless denotified under Section 30 or covered by exceptions under Section 20, which must be strictly proved by the claimant. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Hindu Law. In partition of joint family property, a coparcener’s wife is entitled to a share if she is a part of the partition proceedings. On a son’s death, his share devolves equally on his wife and mother as Class I heirs under Section 8 of the Hindu Succession Act, 1956. Karnataka High Court.

  • 20-August-2025
  • Daksha Legal
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  Rejection of plaint. A suit for partition, filed several years after the original transaction solely to harass a subsequent purchaser, amounts to bogus litigation and must be nipped in the bud, even if clever drafting creates an illusion of cause of action to overcome the law of limitation. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  A suit for declaration of a right, including a challenge to a registered Will, is barred by limitation if it is not filed within three years from the date when the plaintiffs had knowledge of the document. Karnataka High Court.

  • 20-August-2025
  • Daksha Legal
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  Karnataka Civil Services (Classification, Control and Appeal) Rules. Government has the authority to refer a departmental inquiry to the Upa-Lokayukta, even if a separate disciplinary inquiry has already been initiated and the same is at an advanced stage. Karnataka High Court.

  • 20-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Once an arbitrator is appointed under Section 11(6), the Court, having disposed of the proceedings, cannot issue any further ancillary directions relating to the arbitration that commenced pursuant to such appointment. Supreme Court.

  • 20-August-2025
  • Daksha Legal
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  Purchaser of undivided interest cannot be impleaded in the suit for partition since his rights, if any, in an undivided interest has to be worked out in final decree proceedings. Karnataka High Court.

  • 20-August-2025
  • Daksha Legal
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  The buffer zone requirement under the Revised Master Plan 2015 does not apply to layouts approved before its finalisation. Where a layout was sanctioned prior to RMP-2015, authorities cannot refuse a building plan solely on the ground of buffer zone compliance. Karnataka High Court.

  • 19-August-2025
  • Daksha Legal