• 

  Karnataka Land Revenue Act. Tahasildar has no authority to conduct an inquiry into the genuineness of a saguvali chit. The inherent powers under Section 25 cannot be used to circumvent the specific procedural framework established under the Rules. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
• 

  A suit for partition filed 45 years after an oral family settlement and with knowledge of registered sale deeds is barred by limitation. Registered documents provide constructive notice to all parties involved, and a failure to challenge such transactions within the limitation period prevents plaintiffs from re-opening their rights. Supreme Court.

  • 04-April-2025
  • Daksha Legal
• 

  Domestic Violence Act. A woman possesses an independent right to reside in a shared household, irrespective of her ownership or interest in the property, based on the existence of a domestic relationship, which includes past cohabitation. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
• 

  A person born in a caste which is not notified as a SC or ST in one State cannot claim the benefit, upon migration to another State, wherein that caste or community is notified as SC or ST. Karnataka High Court.

  • 04-April-2025
  • Daksha Legal
• 

  There is no limitation period for enforcing an order of maintenance under Section 125 of the Cr.P.C. While recovery of arrears within one year of the due date can be enforced through a warrant for levying fines and potential imprisonment, other modes of recovery are available for claims made beyond this period. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
• 

  A 30-year lease deed is not mandatory for establishing a pre-primary school. The Government notification exempts pre-primary schools from the land requirements applicable to other educational institutions. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
• 

  A preliminary notification for land acquisition could be quashed if the authorities fail to proceed with the acquisition process within a reasonable time, even if the law does not prescribe a specific time limit. A reasonable period for issuing the final notification is two years. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
• 

  Once there is a registered document, the revenue authorities are bound to take cognizance of transfer of immovable property and act accordingly. An agreement holder cannot object to mutation proceedings. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
• 

  Appeal under Section 372 of Code of Criminal Procedure against acquittal. The appellate court should not disturb a trial court's acquittal unless the trial court's appreciation of evidence is capricious or its conclusions are without evidence. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
• 

  Land acquisition initiated under the 1894 Act. If compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the 2013 Act, the compensation is required to be determined as per the provisions of the said 2013 Act. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
• 

  Karnataka Land Revenue Act. When there is a dispute over phodi and durasthi of land, and a civil suit is already pending to determine the rights and claims of the parties, the Deputy Commissioner lacks the authority to interfere in those matters. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
• 

  Abuse of process of Law. Party/plaintiff playing fraud on court/defendant and dispossessing rightful occupants. Karnataka High Court upholds conviction of imprisonment and fine.

  • 02-April-2025
  • Daksha Legal