Daksha Legal

Maintenance and Welfare of Parents and Senior Citizens Act. Section 23. Tribunal under the Act has no independent power to direct police protection in a dispute essentially concerning title to immovable property. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/2bbb082b599451b0a0c40264

Karnataka Land Reforms Act. When agricultural land was under cultivation by the original family member prior to the crucial date, the conferment of occupancy rights in the individual name of a single family member enures to the benefit of the entire joint family. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/ac62cbe363a57d8cb4098a41

Arbitration and Conciliation Act. An order of the Arbitral Tribunal under Section 16 is ordinarily challengeable only under Section 34 after the final award. The High Court may interfere under Article 227 only upon recording a prima facie finding of a patent lack of inherent jurisdiction, after hearing the rival parties. Supreme Court reiterates. https://www.dakshalegal.com/judgements/actionRead/48f4630c679e7a0fae5f5838

Motor Vehicles Act. Income Tax Returns are reliable statutory documents that cannot be disregarded by a Claims Tribunal for assessing the income of a deceased person merely because supporting educational certificates or business licenses were not produced. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/51ac9433751386e524c16256

Specific performance. Transfer of an undivided share in immovable property is legally valid. Joint ownership alone does not render an agreement to sell suspicious or unenforceable merely because the vendor’s co-sharer/brother was not made a signatory. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/c3d8a5973b5db5acbe44d8e3 ‎<This message was edited>

Railway Claims Tribunal Act is a beneficial welfare legislation and must receive a liberal interpretation. Non-recovery of the railway ticket alone is not sufficient to reject a claim. A claimant can establish that the deceased was a bona fide passenger through affidavits and surrounding circumstances. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/f2695a0fd60546956e1f5be5 ‎<This message was edited>

Motor Vehicles Act. Where a victim dies long after the accident, the legal representatives must establish a clear link between the accident injuries and the death. In the absence of such proof, a claim for death compensation filed by the legal representatives is liable to be dismissed. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/380dfbd27d9bb84d8b2cb29d

2026 Daksha Legal Kar 728 A person whose complaint prompted the Municipality to initiate proceedings for alleged building violations may be impleaded as an intervenor in proceedings instituted by the building owner, only for the limited purpose of supporting and defending the municipal action. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/570b93255fb83ca34ba5957a

A defense that a registered sale deed was merely nominal or executed as loan security involves disputed factual issues that require a full trial and cannot be adjudicated at the interlocutory stage. Registered conveyances supported by revenue records establish a prima facie case of title and possession for the grant of a temporary injunction. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/eb82028601d304e255ac8c8c

2026 Daksha Legal Kar 733 The power to grant police protection is ancillary to the Court's jurisdiction to ensure effective enforcement of a subsisting injunction. Each violation of the injunction order constitutes a fresh cause of action unaffected by the doctrine of res judicata. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/4947c26b8a79f0eca0edd578

The presumption of constitutionality not just applies to plenary legislation but also to subordinate legislation. It is a rebuttable presumption and the burden will be on the petitioners to displace the presumption. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/8687c1876bc1b027bddcfe0f

2026 Daksha Legal Kar 722 Arbitration and Conciliation Act. Court in Section 34 proceedings cannot review its own judgment. The court cannot also modify, vary, or alter an arbitral award on merits. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/f52ed6915b17af3233ad3aa2

2026 Daksha Legal Kar 712 Mohammedan Law. A gift of immovable property between parties governed by Mohammedan Law does not require registration under Section 17 of the Registration Act, 1908 even if reduced to writing provided the three essential conditions of declaration, acceptance, and delivery of possession are fulfilled. Consequently, revenue authorities cannot refuse to effect mutation in the Record of Rights solely on the ground that a written gift deed is unregistered. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/37b6d2749b082474d2734867

Right of pre-emption under Section 22 of the Hindu Succession Act applies to agricultural land. Supreme Court rejects the plea challenging the constitutional validity of the Section. https://www.dakshalegal.com/judgements/actionRead/a5c32dc8657ffc21cfe202a9

2026 Daksha Legal Kar 716 Transfer of Property Act. Section 11 which voids ‘’restriction repugnant to interest created upon transfer’’ applies only when the transfer is absolute and creates a complete interest in favour of the transferee. Non- exclusive rights over shared common facilities in a real estate project do not amount to an absolute interest. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/76593f058d6c5886efe684d3

2026 Daksha Legal SC 291 Section 340 CrPC. A ‘’wrong statement’’ is not the same as ‘’false statement’’. A false statement necessarily involves a deliberate intent to deceive, whereas an erroneous or inadvertent statement does not, by itself, attract criminal liability. Before directing prosecution under Section 340 CrPC, the Court must record a prima facie finding that an offence under Section 195 CrPC is made out. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/b958c62d5994b8e1281d267c

Arbitration and Conciliation Act. Appreciation of evidence or factual findings regarding mutual contractual default and quantum of restitution falls squarely within the domain of the Arbitral Tribunal. So long as the tribunal's view is a plausible one based on record evidence, Courts will not interfere under the guise of patent illegality. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/5d69a0533cc6b78dab32e8ad

Income Tax Act. Mere delay in paying self-assessment or reassessed income tax even if settled after notice or enforcement steps does not automatically constitute wilful attempt to evade tax. Continuing criminal prosecution under Section 276C(2) is an abuse of process, entitling the accused to a discharge. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/12dbce6b95d9246c3259975f

A defendant cannot introduce a counterclaim whether directly or by seeking an amendment to the written statement under Order VI Rule 17 CPC after issues have been framed and the trial has commenced. Judicial discretion to entertain a late counterclaim under Order VIII Rule 6A CPC is generally restricted to the pre-issue stage to prevent prejudice and endless delay. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/ac67a933ce9c0bb13930a7aa

Motor Vehicles Act. A borrower/permissive user of a vehicle steps directly into the shoes of the owner and is not considered a ‘third party’. In case of self-accidents, such person is not entitled for compensation unless there is insurance coverage. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/bb20ab3b9e05a2547725e29d