• 

  Administrative Law. A show cause notice issued without proper jurisdiction is legally void/non-est and can be challenged especially if it involves a fundamental flaw of lacking legal basis or if an authority wrongly assumes jurisdiction. Karnataka High Court.

  • 12-January-2026
  • Daksha Legal
• 

  Maintenance and Welfare of Parents and Senior Citizens Act. Order of eviction should not be passed mechanically if the primary objective of maintenance and welfare can be achieved otherwise. Where a residential property contains sufficient separate living space, and the presence of the children in a separate portion does not impede the well-being or safety of the senior citizens, a summary order of eviction is contrary to the spirit of the Act and constitutes a legal error. Karnataka High Court.

  • 12-January-2026
  • Daksha Legal
• 

  A lease granted to an ex-serviceman under a rehabilitation scheme and the business established cannot be arbitrarily disrupted. Equity and public interest require lawful consideration of renewal, and the lessee is protected from eviction or business obstruction until a final decision is made. Karnataka High Court.

  • 12-January-2026
  • Daksha Legal
• 

  Motor Vehicles Act. Role of a women in a family and contribution in terms of service should not be under-estimated. Housewives have to be granted compensation on the basis of the multifarious service rendered by them for managing the entire family. Karnataka High Court.

  • 12-January-2026
  • Daksha Legal
• 

  BDA development scheme does not lapse if substantially implemented. Once significant land is taken, layouts formed, sites allotted, and possession lawfully vested in the State, the acquisition cannot be challenged for lapse merely because all land was not used within five years. Karnataka High Court.

  • 12-January-2026
  • Daksha Legal
• 

  Suit for partition. Where family relationship is admitted, court should balance co-sharer's right to protect their future decree with current owner's right to utilize the property. Instead of a blanket injunction against alienating the entire property, the appropriate equitable relief is to direct the reservation of a specific portion (shares) equivalent to the plaintiffs' claim while permitting the defendants to deal with the remainder of the property. Karnataka High Court.

  • 10-January-2026
  • Daksha Legal
• 

  Employee’s Compensation Act. In the unorganized sector, absence of a formal notice under Section 10 does not bar a claim if the employer had actual knowledge of the accident. An employer-employee relationship can be established through circumstantial evidence and prior statements made to police authorities, even in the absence of documentary proof like appointment letters. Karnataka High Court.

  • 09-January-2026
  • Daksha Legal
• 

  A party to a registered lease agreement cannot seek to modify its essential terms, such as the quantum of rent, based on a disputed oral understanding without documentary proof. A lessor’s failure to exercise a contractual right to terminate a lease for non-payment of rent does not constitute a waiver of their right to recover arrears of rent or damages for the period of occupation. Karnataka High Court.

  • 09-January-2026
  • Daksha Legal
• 

  A neighbor who complains of building plan violations is a 'necessary and proper party' to a suit filed by the builder against a local authority to restrain demolition. Principle of dominus litis cannot be used to exclude a party whose civil rights are directly impacted by the alleged unauthorized construction, especially when the plaintiff has made specific allegations of conspiracy or malice against that neighbor in the pleadings. Karnataka High Court.

  • 10-January-2026
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Any alienation of property by an office bearer of a Co-operative Society, made after the commencement of a statutory inspection or the submission of an inspection report indicating misappropriation of funds, is void ab initio as against the Society’s claim for recovery. Such transactions, including gifts to family members, are deemed fraudulent. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Hindu Succession Act. When a Hindu governed by Aliyasantana Law dies after the commencement of the Act leaving an undivided interest in a 'Kutumba' or 'Kavaru,' such interest shall devolve by testamentary or intestate succession under Section 7(2) and not according to the traditional Aliyasantana Law. The grant of occupancy rights under the Karnataka Land Reforms Act to one member of such a family inures to the benefit of all legal heirs entitled to succeed to the interest of the original tenant. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Karnataka Public Premises (Eviction of Unauthorised Occupants) Act. Once the Bangalore Development Authority transfers ownership of a property to a private party via a registered sale deed, the property no longer falls under the definition of ‘public premises’. The BDA loses the jurisdiction to invoke eviction procedures under the Act. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal