Judgements

Properties acquired during the marriage of a deceased person are to be considered jointly acquired, even if registered in the name of one spouse. Karnataka High Court.

12-April-2025

Daksha Legal
A second wife is entitled to maintenance under Section 125 of Cr.P.C. when the husband married her without disclosing his subsisting first marriage. Karnataka High Court.

11-April-2025

Daksha Legal
Karnataka Land Revenue Act. A landowner who owns 'A' kharab land is entitled to seek assessment of that land if he can substantiate that the land is cultivable. The revenue authorities cannot arbitrarily reject such requests but must consider them in accordance with the relevant legal provisions. Karnataka High Court.

11-April-2025

Daksha Legal
Even though the amended Section 5 of the PTCL Act removes the limitation period for initiating proceedings, the principle of laches continues to apply. Courts can deny relief in cases where there is an unreasonable delay in seeking restoration of land, especially if such delay causes prejudice to the other party. Karnataka High Court.

11-April-2025

Daksha Legal
No mandamus can be issued to direct banks to accept payments after the OTS scheme's deadline, as it would be equivalent to rewriting the contract. Writ petitions under Article 226 of the Constitution of India are generally not maintainable if there is an effective alternative remedy available, especially in cases involving recovery of dues by banks and financial institutions under the SARFAESI Act. Karnataka High Court.

11-April-2025

Daksha Legal
Karnataka SC/ST (PTCL) Act. Lands granted at an upset price to SC/ST individuals are 'granted lands' under the Act. The intent of the PTCL Act is to protect the ownership rights of SC/ST communities, regardless of whether the land was granted freely or at a concessional rate. Karnataka High Court.

09-April-2025

Daksha Legal
Maintenance and Welfare of Parents and Senior Citizens Act. Gift deed involving a senior citizen cannot be cancelled unless it contains a specific covenant that the transferee will provide basic amenities and basic physical needs to the donor. Karnataka High Court.

09-April-2025

Daksha Legal
Grant of Land. The distance between the land and the BBMP boundary will be calculated based on the date of the application submission, not the current date. The 18 km restriction from the BBMP boundary imposed by notification will not be applied retrospectively to applications submitted before the notification date. Karnataka High Court.

09-April-2025

Daksha Legal
Land acquisition. Deletion of certain lands from the acquisition based on objective, rational considerations, including areas that had already been converted for non-agricultural use, extensively developed localities, nurseries, religious institutions, and lands already acquired for other Government projects etc cannot be a ground to challenge the acquisition proceedings. Karnataka High Court.

09-April-2025

Daksha Legal
Land acquisition. Failure to include land in the preliminary notification and denial of the right to file objections vitiates the entire acquisition proceedings. Arbitrary exclusion or inclusion of lands in the acquisition process is discriminatory and unlawful. Karnataka High Court.

09-April-2025

Daksha Legal
In disputes involving family partitions and boundary demarcation, the Court may direct the relevant authorities to conduct a fresh survey strictly in accordance with the terms of the registered Partition Deed to ensure fairness and accuracy and to avoid claims beyond what was allotted. Karnataka High Court.

08-April-2025

Daksha Legal
“Status of husband and wife for the purpose of Section 24 has been achieved by the spouses by the solemnization” In proceedings under the Hindu Marriage Act, it is the legal duty of the husband to maintain the wife, especially when the wife has no independent source of income. Karnataka High Court.

08-April-2025

Daksha Legal

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