Judgements

Criminal Law. Circumstantial evidence. Proved circumstances must be consistent only with hypothesis of guilt of accused and totally inconsistent with his innocence. Karnataka High Court.

• 06-December-2023
• Daksha Legal

Appeal is a continuation of the original proceeding and therefore both the Appeal and the original proceeding can be withdrawn with the leave of court unconditionally. Karnataka High Court.

• 06-December-2023
• Daksha Legal

Karnataka Co-operative Societies Act. Once the calendar of events is published, the District Election Office loses jurisdiction and cannot order postponement of the elections. Karnataka High Court.

• 06-December-2023
• Daksha Legal

Restriction on issuance of passport applies even to re-issuance and renewal. Pendency of a criminal case would bar issuance or renewal/re-issuance of a long-term passport Karnataka High Court.

• 06-December-2023
• Daksha Legal

Karnataka Land Reforms Act. Vesting in the State Government of land leased contrary to the Act. Tahshildar can exercise power under Section 58 only if the lease is created after coming into force of the Act. Karnataka High Court.

• 05-December-2023
• Daksha Legal

When the authorities repeatedly fail to perform statutory function and to follow the law declared by Courts, the Writ Court can itself grant relief instead of remanding the matter. Karnataka High Court.

• 05-December-2023
• Daksha Legal

Karnataka Municipalities Act. When action of the Municipality is not traceable to the provisions of the Act, prior notice under Section 284(1) of the Act is not necessary to institute a civil suit. Karnataka High Court.

• 05-December-2023
• Daksha Legal

Rule of continuity of Government. Mistakes committed by the party in power earlier can be corrected only by following due process of law lest it gives scope for the allegation of legal malafide. Karnataka High Court.

• 05-December-2023
• Daksha Legal

If a document that is required to be stamped is not sufficiently stamped, a copy of such document as secondary evidence cannot be accepted. Supreme Court.

• 05-December-2023
• Daksha Legal

Admission of liability made before foreign court can be taken as admission in Indian Court. Supreme Court.

• 04-December-2023
• Daksha Legal

Custom is one of the three sources of Hindu law and it may override a statute subject to a clear proof of usage. Supreme Court.

• 04-December-2023
• Daksha Legal

Service Law. Court cannot sit on perceptivity of the State Government in posting a person to a particular post except considering the eligibility of the person to occupy the post. Karnataka High Court.

• 04-December-2023
• Daksha Legal

Partition. Though filing of partition suit brings about severance of status of jointness, legislative amendment or subsequent event will have to be taken into consideration and given effect to in passing the final decree. Supreme Court.

• 04-December-2023
• Daksha Legal

Insolvency and Bankruptcy Code. 'Each meeting' shall be construed as 'Every meeting' for the purpose of issuance of notice of the meeting under Section 24. Karnataka High Court.

• 04-December-2023
• Daksha Legal

In a suit for partition of joint family property, a decree by consent amongst only some of the parties cannot be passed. Supreme Court.

• 02-December-2023
• Daksha Legal

“When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.

• 02-December-2023
• Daksha Legal

One of the co-owners can alone and in his own right file a suit for ejection against the tenant. Supreme Court.

• 01-December-2023
• Daksha Legal

Caretaker/servant cannot acquire interest in suit property irrespective of long possession. Plaint in a suit by such caretaker/servant has to be rejected. Supreme Court.

• 01-December-2023
• Daksha Legal

Employees Compensation Act. Commissioner is bound to consider the aspect of penalty in accordance with statutory provision when there is delay in payment of even the partial liability. Karnataka High Court.

• 01-December-2023
• Daksha Legal

Gram Panchayat. Protection against no-confidence motion against president/VP who assume office after resignation, disqualification or death of the first elected President/VP would not go beyond earlier incumbents’ period. Karnataka High Court.

• 01-December-2023
• Daksha Legal

Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.

• 01-December-2023
• Daksha Legal

Where the defendant has already lost the title suit and cannot claim title over the property, the plaintiff can file a simple suit for injunction without seeking declaration of his title. Supreme Court.

• 29-November-2023
• Daksha Legal

Third party applicant approaching execution court under Order 97 Rule XXI of CPC should possess an independent title which is superior to that of the decree holders. Karnataka High Court.

• 29-November-2023
• Daksha Legal

Execution Court must consider whether a portion of the property is sufficient to satisfy the decree. Failure amounts to ‘substantial injury’ within the meaning of Order 21 Rule 90. Karnataka High Court.

• 29-November-2023
• Daksha Legal

There is no need for the Court order appointing guardian in respect of minor’s undivided interest in joint family. Parents can sell undivided interest of minor in joint family property. Karnataka High Court.

• 28-November-2023
• Daksha Legal

Badli worker (replacement worker) is not entitled to the protection under the provisions of the Industrial Disputes Act. Karnataka High Court.

• 28-November-2023
• Daksha Legal

Unilateral cancellation/revocation of a gift deed, which is complete, is not legally permissible and such cancellation/revocation is void. Kerala High Court.

• 28-November-2023
• Daksha Legal

Mother can act as the natural guardian of the minor even during the lifetime of the father, who would be deemed to be 'absent' under law. Kerala High Court.

• 28-November-2023
• Daksha Legal

Writ Petition challenging the order in Election Petition before the Tribunal/Civil Judge. Intra-Court Writ Appeal is not maintainable against the order in the Writ Petition. Karnataka High Court.

• 27-November-2023
• Daksha Legal

Right to privacy of Aadhaar number holder has to be protected. Marriage does not eclipse the right to privacy which is protected by the procedure of hearing under Section 33 of the Aadhaar Act. Karnataka High Court.

• 27-November-2023
• Daksha Legal

Civil Court has no power to modify or rectify the details of the property granted under the Karnataka Inams Abolition Act by the Special Deputy Commissioner. Karnataka High Court.

• 27-November-2023
• Daksha Legal

Judicial proceedings initiated by a third party other than the employer cannot be a reason to withhold pension payable to public servant. Karnataka High Court.

• 27-November-2023
• Daksha Legal

‘’Temples are symbols of unity and inclusivity’’. Karnataka High Court condemns denial of rights of temple entry and worship to persons belonging to scheduled castes and scheduled tribes. Karnataka High Court.

• 27-November-2023
• Daksha Legal

‘’Merits Uniform Code on the subject for the whole of India’’. Karnataka High Court on the Hindu Adoption and Maintenance Act.

• 25-November-2023
• Daksha Legal

Karnataka Village Offices Abolition Act. Regrant of lands in favour of village office holders enure to the benefit of the persons claiming under the sale deeds executed between 1:2:1963 and 7:8:1978. Karnataka High Court.

• 25-November-2023
• Daksha Legal

Inamdar or his successors have no right to alienate lands already vested under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. Subsequent purchasers cannot seek grant of occupancy rights. Karnataka High Court.

• 24-November-2023
• Daksha Legal

Next 8 Chief Justices of India.

• 24-November-2023
• Daksha Legal

Adoption. Except the genitive parents, adoptive parents and the adoptive son, others have no locus standi to question the validity of the adoption deed. Karnataka High Court.

• 24-November-2023
• Daksha Legal

Central Bureau of Investigation is competent to complete the investigation already commenced prior to withdrawal of the consent by the State Government. Supreme Court.

• 23-November-2023
• Daksha Legal

State Government cannot legally withdraw consent given to Central Bureau of Investigation once the investigation is already undertaken and substantially completed by the CBI. Supreme Court.

• 23-November-2023
• Daksha Legal

District judge candidate suppressing criminal cases against him. Where fraud and misrepresentation form the foundation to secure employment, it can be brought under the umbrella of cheating. Karnataka High Court.

• 24-November-2023
• Daksha Legal

Negotiable Instruments Act. Notice addressed to correct address returned with shara ‘’door lock’’, ‘’unclaimed’’ etc shall be deemed to have been delivered to the addressee. Karnataka High Court.

• 24-November-2023
• Daksha Legal

Karnataka Land Grabbing (Prohibition) Act. The Civil Court must record a clear finding about land grabbing in order to transfer the case to Special Court. Karnataka High Court.

• 23-November-2023
• Daksha Legal

Surrogacy. Couple having a medical condition that becomes impossible for the woman to conceive can opt for surrogacy by a gamete which is that of the woman not genetically related to the intending couple. Karnataka High Court.

• 23-November-2023
• Daksha Legal

Land restored under SC/ST (PTCL) Act to original grantees cannot be construed as Government land to invoke the provisions of the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.

• 22-November-2023
• Daksha Legal

Forest Officer below the rank of Range Forest Officer cannot exercise power under Section 62A of the Karnataka Forest Act to act as Officer in-charge of a Police Station under the provisions of Cr.P.C. Karnataka High Court.

• 22-November-2023
• Daksha Legal

Wakf Act. Court cannot take cognizance for the offence under Section 52-A based on Police report. Karnataka High Court.

• 22-November-2023
• Daksha Legal

Though Christian law does not recognize adoption, it does not prohibit adoption. Adopted children of Christian parents have right of inheritance. Karnataka High Court.

• 21-November-2023
• Daksha Legal

When minor’s property is sold without Court permission, the minor on attaining majority need not seek cancellation of the sale deed. He can simply repudiate the sale and validly transfer the property. Karnataka High Court.

• 21-November-2023
• Daksha Legal

When a person who is not a party to a compromise decree seeks to avoid the decree based on his independent right or title over the property in question, he can maintain a separate suit. Karnataka High Court.

• 21-November-2023
• Daksha Legal

Appointment of Chairman to statutory institutions. Writ Court cannot sit in the armchair of experts and decide who is better qualified, unless the selection suffers from statutory aberrations. Karnataka High Court.

• 21-November-2023
• Daksha Legal

Exclusion of nearest lineal descendants makes a Will suspicious unless there are catastrophic incidents which estranged the profounder from such descendants. Supreme Court.

• 20-November-2023
• Daksha Legal

Sale deed registered outside the State in respect of property situated within the State of Karnataka is a void document and does not confer any right. Karnataka High Court.

• 20-November-2023
• Daksha Legal

Occupancy rights granted under the Karnataka Land Reforms Act in favour of one of the member of the family enure to the benefit of the members of the joint family. Karnataka High Court.

• 20-November-2023
• Daksha Legal

Unregistered sale deed cannot be received in evidence even for the collateral purposes of proving possession. Karnataka High Court.

• 20-November-2023
• Daksha Legal

Amendment to Section 6 of the Hindu Succession Act applies even to final decree proceedings arising out of the suit for partition filed prior to the amendment. Authoritative judgement of the Karnataka High Court.

• 20-November-2023
• Daksha Legal

Counter claim for possession based on dispossession/trespass. Trial Court is bound to raise the issue of limitation even in the absence of any pleadings with regard to limitation. Karnataka High Court.

• 18-November-2023
• Daksha Legal

Prohibition of transfer of land under the Karnataka Land Reforms Act applies even to agreement of sale. Specific performance of such agreement cannot be granted. Karnataka High Court.

• 17-November-2023
• Daksha Legal

New document cannot be produced in a Final Decree Proceedings which would have the effect of re-deciding the rights between the parties already decided in a preliminary decree. Karnataka High Court.

• 17-November-2023
• Daksha Legal

Karnataka Land Reforms Act. Proceedings under Section 79(A) & (B) cannot be initiated against a person who has purchased converted property after following necessary procedure under Section 95. Karnataka High Court.

• 17-November-2023
• Daksha Legal

Trademark in the name of Deity/God is also entitled for protection against infringement. Karnataka High Court.

• 17-November-2023
• Daksha Legal

Civil Court has no jurisdiction to grant temporary injunction restraining change of mutation entries under the Karnataka Land Revenue Act. Karnataka High Court.

• 16-November-2023
• Daksha Legal

Hindu Minority and Guardianship Act. Court is required to take into consideration the interest of the minor and safeguard the minors’ interest while granting permission to sell minor’s property. Karnataka High Court.

• 16-November-2023
• Daksha Legal

Mere entry in the revenue records would not confer any title without there being a registered document conveying the title to the property. Karnataka High Court.

• 16-November-2023
• Daksha Legal

Survival benefits of deceased Government servant. Nomination cannot override legal provisions. Second wife, though nominee, is not entitled for such benefits. Karnataka High Court.

• 16-November-2023
• Daksha Legal

Land reserved in the Master Plan for parks and open spaces shall be acquired within a period of five years and compensation be paid failing which the landowner is entitled to use the same. Karnataka High Court.

• 15-November-2023
• Daksha Legal

Same Sex marriage. Judgment of the Supreme Court of India.

• 17-October-2023
• Daksha Legal

Upon death of plaintiff, right to sue survives only on the legal representatives. Person claiming a contractual right from the deceased plaintiff cannot come on record as co-plaintiff. Karnataka High Court.

• 15-November-2023
• Daksha Legal

Children from the second/void marriage are also entitled for the survival service benefits of their deceased father. Karnataka High Court.

• 13-November-2023
• Daksha Legal

Sale of property attached towards permanent alimony granted under the Hindu Marriage Act is hit by the provisions of Section 64 of Code of Civil Procedure and Sections 52 and 100 of Transfer of Property Act, 1882. Karnataka High Court.

• 13-November-2023
• Daksha Legal

Madras School of Hindu Law. Mother or widow of a propositus cannot independently claim share in the coparceneary properties and are entitled only to notional share after his death. Karnataka High Court.

• 11-November-2023
• Daksha Legal

High Tension electricity lines over agricultural lands will not completely deprive landowners of utilizing their lands to carry out agricultural operations. Diminutive value of the land at 30% is just and reasonable. Karnataka High Court.

• 11-November-2023
• Daksha Legal

Adopted son becomes a coparcener of in the family to which he is adopted. Karta has no right to bequeath ancestral property by Will after adopting the son. Karnataka High Court.

• 10-November-2023
• Daksha Legal

Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.

• 10-November-2023
• Daksha Legal

Suit for cancellation of a document. ‘’Value of the property for which the document was executed’’ has to be considered to determine the court fee payable and not the “market value of the property”. Karnataka High Court.

• 10-November-2023
• Daksha Legal

Award passed by the Lok Adalath cannot be questioned by a separate suit though termed as suit for partition in view of the bar under the Legal Services Authority Act. Karnataka High Court.

• 10-November-2023
• Daksha Legal

MUDA. Successive applications made for site though of different measurements shall be taken into consideration for determining the seniority for the purpose of allotment of site. Karnataka High Court.

• 09-November-2023
• Daksha Legal

Encroachment of public property. Registration of the FIR/Criminal case without issuing notice to show cause is impermissible. Karnataka High Court.

• 09-November-2023
• Daksha Legal

Criminal complaints cannot be quashed merely on the ground that the allegations made out by the complainant are civil in nature. Karnataka High Court.

• 09-November-2023
• Daksha Legal

''It is not just one life - it is even one life''. Karnataka High Court orders compensation to father of child washed away in open drain due to negligence of the Municipal authorities.

• 09-November-2023
• Daksha Legal

Education. Admission of students pursuant to interim order cannot be sustained if it results in violation of Article 14 of the Constitution of India. Karnataka High Court.

• 09-November-2023
• Daksha Legal

Land Acquisition. Time to file cross objections by the landowner starts from the date of receipt of notice of the appeal filed by the beneficiary and not from the date of the award. Karnataka High Court.

• 08-November-2023
• Daksha Legal

Additional accused can be added under Section 319 Cr.P.C. before the conviction and sentence is pronounced as otherwise the Court gets divested of its power. Karnataka High Court.

• 08-November-2023
• Daksha Legal

Person elected from General Category to a Gram Panchayath as a Member can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in a reserved category so long as he belongs to such reserved category. Karnataka High Court.

• 08-November-2023
• Daksha Legal

Property classified as ‘commercial axes’ can be used for commercial purposes though the property is situated in a residential layout. Karnataka High Court.

• 08-November-2023
• Daksha Legal

Pleas of title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. Karnataka High Court.

• 07-November-2023
• Daksha Legal

Police officers causing traffic congestion in the city of Bangalore by accepting bribe and letting vehicles to ply against regulation is a serious crime. Government shall deal with iron hand. Karnataka High Court.

• 10-November-2023
• Daksha Legal

Traffic Police accepting bribe to let vehicles ply against the regulation amounts to demand and acceptance. Such cases would not require approval under Section 17A of the Prevention of Corruption Act. Karnataka High Court.

• 07-November-2023
• Daksha Legal

Sting operations involve making people commit crimes that they otherwise may not have committed and shall follow the guidelines under the Cable Television Networks (Regulation) Act, 1995. Karnataka High Court.

• 08-November-2023
• Daksha Legal

Prevention of Corruption Act. Court cannot act as chartered accountant or hold mini-trial while considering the challenge to the prosecution under Section 13(1)(e). Karnataka High Court.

• 07-November-2023
• Daksha Legal

Non consideration of application for production of additional evidence under Order 41 Rule 27 while disposing the appeal is a mistake and an error apparent on the face of the record providing “sufficient reason” for review. Karnataka High Court.

• 07-November-2023
• Daksha Legal

Hindu Succession Act. Failure on the part of daughters to claim share in house property in a family partition does not amount to abandonment of claim under the unamended Section 23. Karnataka High Court.

• 06-November-2023
• Daksha Legal

Allotment and conditional sale deed of Civic Amenity site to establish private educational institution can be cancelled if the purpose is not fulfilled by the allottee. Karnataka High Court.

• 06-November-2023
• Daksha Legal

Sting operation conducted as per law and showing demand and acceptance of bribe can be used to initiate prosecution against public servants under the Prevention of Corruption Act. Karnataka High Court.

• 06-November-2023
• Daksha Legal

Universities. Governments’ right to appoint Dean cum Director of an Institution which is newly born is not absolute and the required qualification cannot be ignored. Karnataka High Court.

• 06-November-2023
• Daksha Legal

Abetment to commit suicide. Merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that he is an offender under Section 306 of IPC. Karnataka High Court.

• 06-November-2023
• Daksha Legal

Even the Minority Educational Institutions are bound to follow the Karnataka Education Act in the matter of service conditions of its employees. Karnataka High Court.

• 07-November-2023
• Daksha Legal

Though CCB is not a Police Station, CCB Police Officers appointed or identified as Investigating Officers can file the final report / charge sheet under Section 173 (2) of Cr.P.C. Karnataka High Court.

• 04-November-2023
• Daksha Legal

Mere speculation about hidden artifacts or historical monuments is not a ground to acquire land without following the procedure under the Ancient Monuments and Archaeological Sites and Remains Act. Karnataka High Court.

• 04-November-2023
• Daksha Legal

Civil Court has no jurisdiction to deal with the correctness of the Land Tribunal order granting occupancy rights. Karnataka High Court.

• 03-November-2023
• Daksha Legal

Registered general power of attorney coupled with interest cannot be cancelled by registration of another document titled ‘’Cancellation of GPA’’. The remedy is only under the Specific Relief Act. Karnataka High Court.

• 03-November-2023
• Daksha Legal

After taking cognizance, it is impermissible for the Magistrate to take cognizance again for the offence that had already been taken cognizance. Karnataka High Court quashes proceedings under the Protection of Wildlife Act.

• 03-November-2023
• Daksha Legal

Negotiable Instruments Act. Death of the drawer of the cheque cannot and will not efface the offence when the cheque is issued on behalf of the Company. Karnataka High Court.

• 03-November-2023
• Daksha Legal

Motor Vehicles Act. Amendment Act No.32 of 2019 which came into effect from 1:1:2022 prescribing six months limitation for claim petitions does not operate retrospectively. Karnataka High Court.

• 03-November-2023
• Daksha Legal

Arbitration clause in a Government contract or civil remedy is not a bar for the High Court to exercise jurisdiction if the payment is arbitrarily withheld. Karnataka High Court.

• 02-November-2023
• Daksha Legal

Executing court can go into validity of claim based on Will in final decree proceedings. Karnataka High Court.

• 02-November-2023
• Daksha Legal

When decree for declaration of title cannot be granted, the court can grant a decree for partition of the properties. Karnataka High Court.

• 02-November-2023
• Daksha Legal

Not every application under Order 21 Rule 97 of CPC requires detailed enquiry. Courts must reject frivolous application at the threshold to enable the decree holder to reap the benefits of the decree. Karnataka High Court.

• 02-November-2023
• Daksha Legal

POCSO Act being later prevails over the SC/ST Atrocities Act. Where accused is charged with both SC/ST Atrocities Act and POCSO Act, petition for bail under Section 439 Cr.PC can be filed before High Court. Karnataka High Court.

• 02-November-2023
• Daksha Legal

Negotiable Instruments Act. When there is material contradiction in the complainant’s case, the presumption under Section 139 is not available. Karnataka High Court.

• 31-October-2023
• Daksha Legal

Arbitration and Conciliation Act. Application under Section 34 cannot be rejected on the ground that certified copy of the award was filed after the period of limitation and not along with the application. Karnataka High Court.

• 31-October-2023
• Daksha Legal

''We must import a little commonsense into notices of this kind.'' Statutory notice akin to Section 80 CPC is not mandatory to make counter claim in a civil suit filed by the statutory body. Karnataka High Court.

• 31-October-2023
• Daksha Legal

Suit for specific performance. Even when possession was delivered prior to agreement of sale, the agreement shall be treated as the one coupled with possession and the stamp duty shall be paid accordingly. Karnataka High Court.

• 31-October-2023
• Daksha Legal

Post of primary school teacher is a 'civil post'. Only the Administrative Tribunal and not the High Court has jurisdiction to deal with the issue pertaining to the selection. Karnataka High Court.

• 31-October-2023
• Daksha Legal

Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.

• 26-October-2023
• Daksha Legal

Examination of attesting witness to prove registered Gift deed becomes necessary only if the executant denies the deed. Karnataka High Court.

• 25-October-2023
• Daksha Legal

Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. Karnataka High Court.

• 23-October-2023
• Daksha Legal

Question of limitation in a suit for partition arises only if defendants prove ouster of plaintiff from the joint family properties. Karnataka High Court.

• 22-October-2023
• Daksha Legal

Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.

• 19-October-2023
• Daksha Legal

Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.

• 17-October-2023
• Daksha Legal

Father is liable to pay maintenance to the major daughters and also their marriage expenses. Karnataka High Court.

• 16-October-2023
• Daksha Legal

Bail application of an accused for the offences punishable under Section 376(3), 376-AB, 376DA or 376-DB of IPC or under POCSO Act cannot be heard without giving opportunity of being heard to the informant/victim. Karnataka High Court.

• 14-October-2023
• Daksha Legal

Hindu Marriage Act. Wife not honouring decree for restitution of conjugal rights and refusing to join her husband is sufficient ground for divorce. Karnataka High Court.

• 13-October-2023
• Daksha Legal

Acquisition of lands for BMRCL under the KIAD Act. Compensation is payable under the provisions of land acquisition Act, 2013 without deducting the Tax at source under the Income Tax Act. Karnataka High Court.

• 13-October-2023
• Daksha Legal

''It is the duty of the Court and the Prosecution to protect the right of informant/victim to oppose bail application of the accused for the rape offence under IPC or under POCSO Act.'' Karnataka High Court issues exhaustive guidelines.

• 13-October-2023
• Daksha Legal

NI Act. Only that person who, at the time the offence was committed, was in charge of and was responsible for conduct of business of company, as well as the company alone be guilty of the offence. Supreme Court.

• 13-October-2023
• Daksha Legal

Suit for specific performance in respect of Inam land. Non-alienation clause in the grant order is not a relevant question while examining the controversy between the parties. Karnataka High Court.

• 12-October-2023
• Daksha Legal

Agreement of sale in favour of mortgagee in possession. Once the suit for specific performance fails, the suit for redemption filed by the vendor ought to be decreed. Karnataka High Court.

• 12-October-2023
• Daksha Legal

NI Act. Merely because somebody is managing affairs of the company he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company. Supreme Court.

• 12-October-2023
• Daksha Legal

Prevention of Corruption Act. Suspension can be worse than a penalty. Power of suspension has to be exercised only after due application of mind. Karnataka High Court.

• 13-October-2023
• Daksha Legal

Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.

• 12-October-2023
• Daksha Legal

When the appellate Court receives additional evidence such as expert opinion which requires to be analysed by the trial Court, the matter can be remanded to the trial Court. Karnataka High Court.

• 12-October-2023
• Daksha Legal

Married daughters constitute independent unit for the purpose of determining excess land under Section 63(4) of the Karnataka Land Reforms Act. Karnataka High Court.

• 11-October-2023
• Daksha Legal

Karnataka Land Reforms Act. Suit for injunction based on possession is not barred by Section 133(1)(i) of the Act. Bar applies only to suits involving tenancy. Karnataka High Court. 

• 11-October-2023
• Daksha Legal

Shocking misuse of SC/ST (Prevention of Atrocities) Act for financial gains. Karnataka High Court orders recovery of legal aid paid to the complainant while quashing frivolous case.

• 11-October-2023
• Daksha Legal

Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.

• 11-October-2023
• Daksha Legal

Suit for specific performance. When vendor himself does not adhere to time limit under the agreement of sale, he cannot take the plea of time being essence of the contract. Karnataka High Court. 

• 10-October-2023
• Daksha Legal

Widow of coparcener cannot be disqualified from inheriting her husband's share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court. 

• 10-October-2023
• Daksha Legal

Grant of lands under the Karnataka Land Revenue Act. There is no restriction that the land shall not be granted to more than one member of the same family. Karnataka High Court.

• 10-October-2023
• Daksha Legal

Right of a daughter under Section 8 of Hindu Succession Act is not affected by alienation after death of father and before amendment to Section 6 of Hindu Succession Act. Karnataka High Court. 

• 11-October-2023
• Daksha Legal

Suit for specific performance by purchaser against seller - question of ownership over the property does not assume importance. Purchaser can purchase the property from a person with defective title at his risk. Karnataka High Court.  

• 10-October-2023
• Daksha Legal

Prevention of Corruption Act. Material furnished by the Investigating Officer need not be subjected to a microscopic examination before according approval to investigate a public servant. Karnataka High Court.

• 10-October-2023
• Daksha Legal

Hindu Succession Act. Mother as class-I heir is entitled to a share in her deceased son’s property. Her death during the suit/appeal will not alter the situation since Section 15 gets attracted. Karnataka High Court.

• 09-October-2023
• Daksha Legal

Hindu Adoption and Maintenance Act. Parties governed by the Bombay School of law though residing in Karnataka can adopt a person who has attained the age of majority. Karnataka High Court.

• 09-October-2023
• Daksha Legal

Prevention of Corruption Act. ‘’According approval to investigate’’‘ is different from ’Sanction to prosecute’’. It is mandatory to obtain two different and separate approvals for investigation and for prosecution. Karnataka High Court.

• 09-October-2023
• Daksha Legal

When there is a doubt as to whether an unregistered document is partition deed or relinquishment deed, it can be adjudicated only during the trial. Trial Court cannot refuse to accept it in evidence by conducting a mini trial. Karnataka High Court.

• 09-October-2023
• Daksha Legal

KIADB Act. Though no time limit is prescribed for publication of the final notification after the preliminary notification, if the final notification is not issued within two years, the acquisition will lapse. Karnataka High Court.

• 09-October-2023
• Daksha Legal

When earlier suit is dismissed for default, the same acts as resjudicata for the subsequent suit on the same cause of action. Plaintiff cannot contend that he has no duty to disclose dismissal of the earlier suit. Karnataka High Court.

• 07-October-2023
• Daksha Legal

A registered partition acts as complete disruption of the joint family status. Son born subsequent to the partition cannot seek reopening of the partition unless the partition was within his own family. Karnataka High Court.

• 07-October-2023
• Daksha Legal

Supari killing of Sulya KVG Medical College administrator. Karnataka High Court convicts six accused including the Director of the college.

• 06-October-2023
• Daksha Legal

Land Acquisition Act. If an application is filed to refer dispute to civil court, the authority concerned cannot refuse to make a reference under Section 30. Karnataka High Court.

• 07-October-2023
• Daksha Legal

Withdrawal of suit without liberty to institute a fresh suit as contemplated under sub-rule (3) of Order XXIII Rule 1 of the CPC operates as res judicata for fresh suit on the same cause of action. Karnataka High Court.

• 06-October-2023
• Daksha Legal

Sub-Registrar cannot insist on production of khata in the name of the vendor for admitting sale deed for registration. Karnataka High Court.

• 06-October-2023
• Daksha Legal

Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.

• 06-October-2023
• Daksha Legal

Covid scenario can be considered as force majeure for the purpose of extension of contract with the statutory authority. Karnataka High Court.

• 06-October-2023
• Daksha Legal

Specific performance of sale agreement cannot be refused simply because khata of the property is not transferred in the name of the owner. Karnataka High Court.

• 05-October-2023
• Daksha Legal

Hindu Law. There can be partition of ancestral properties among the cousins and need not always be among the direct brothers. Karnataka High Court.

• 05-October-2023
• Daksha Legal

For the lands falling within Corporation limits, there is no need to obtain conversion from agricultural to non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.

• 06-October-2023
• Daksha Legal

‘’Mother is more concerned about her career prospects than the welfare of the child’’. Karnataka High Court extensively interacts with the child and grants custody to the father with visitation rights to the mother.

• 05-October-2023
• Daksha Legal

Public Works Department cannot permit construction on the road margin on a State Highway or a Major Highway. Karnataka High Court.

• 05-October-2023
• Daksha Legal

Compassionate appointment. ‘’bharta rakshati yavvane…’’ it is the duty of husband to provide maintenance to his dependent wife. A married daughter residing in matrimonial home ordinarily cannot be treated as a dependent on her father. Karnataka High Court

• 05-October-2023
• Daksha Legal

‘Last Seen Theory’ under Section 106 of the Evidence Act does not directly operate against either a husband or a wife staying under the same roof as being last person seen with the deceased. Karnataka High Court.

• 04-October-2023
• Daksha Legal

‘’Fraud, suppression of material facts and the systematic abuse of law and judicial process is a ground to review the Court judgment’’. Karnataka High Court imposes exemplary costs on the ex MLA for obtaining the judgment by fraud.

• 03-October-2023
• Daksha Legal

Civil suit questioning attachment of property under the Karnataka Co-operative Societies Rules is not maintainable without exhausting the remedy provided under Section 101 of the Karnataka Co-operative Societies Act. Karnataka High Court.

• 04-October-2023
• Daksha Legal

Appeal court should not allow amendment unless there is an error in the decree of the trial court and when the amendment relieves the party who lost the case from the consequences of a decision rendered on merits. Karnataka High Court.

• 04-October-2023
• Daksha Legal

MVC Act. Tribble riding on a two-wheeler itself is not a ground to avoid insurance liability unless it is established that the tribble riding was the cause for the accident to attribute contributory negligence. Karnataka High Court.

• 04-October-2023
• Daksha Legal

Forgery. Attesting witness cannot be prosecuted for the crime if there is no other allegation except that he is an attesting witness. Karnataka High Court.

• 04-October-2023
• Daksha Legal

Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.

• 03-October-2023
• Daksha Legal

MVC Act,1988. Tribunal or Court should not apply the split multiplier in routine course and multiplier should be applied. An injured or the legal representatives of the deceased should not be deprived from getting a just compensation. Karnataka High Court

• 03-October-2023
• Daksha Legal

MVC Act. Contributory negligence cannot be attributed to victim riding vehicle simply because he did not have driving license and insurance, especially when he was riding on the correct side of the road. Karnataka High Court.

• 03-October-2023
• Daksha Legal

Karnataka State Dispute Resolution Policy, 2021. Inter-departmental disputes can be adjudicated before the Interdepartmental Dispute Redressal Committee even after the dispute has arisen. Karnataka High Court.

• 03-October-2023
• Daksha Legal

Karnataka Land Revenue Act. Village map is the basis on which the entries in the revenue records are made. Google map cannot be relied upon as against the revenue documents. Karnataka High Court.

• 03-October-2023
• Daksha Legal

''Speculative litigation causing huge loss of judicial time''. Karnataka High Court reverses specific performance judgement against Jamnalal Bajaj Seva Trust with exemplary costs.

• 02-October-2023
• Daksha Legal

Mere act of insulting a person would not satisfy the ingredients of Section 504, IPC. There must be intentional insult with intent to provoke breach of the peace. Karnataka High Court.

• 02-October-2023
• Daksha Legal

Writ of mandamus. To meet the ends of justice, Writ Court itself can grant relief to aggrieved persons without relegating them to the authorities. Karnataka High Court.

• 02-October-2023
• Daksha Legal

Societies Registration Act applies to educational institutions run by a religious mutt if the institutions are registered under the Act. Karnataka High Court.

• 30-September-2023
• Daksha Legal

Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.

• 30-September-2023
• Daksha Legal

Karnataka Gram Swaraj and Panchayat Raj Act. Provisions of CPC and the Indian Evidence Act do not strictly apply to the Election Petition proceedings under the Act. Karnataka High Court.

• 29-September-2023
• Daksha Legal

Except on sufficient grounds, Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments and when the witness was not named in the list of witnesses and affidavit was not filed. Karnataka High Court.

• 29-September-2023
• Daksha Legal

Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.

• 28-September-2023
• Daksha Legal

SARFAESI Act. In view of the amended provision of Section 13(8), the right of redemption of mortgage stands extinguished upon publication of the auction notice. Supreme Court.

• 28-September-2023
• Daksha Legal

Writ of Prohibition cannot be issued in anticipation on par with the criminal courts granting anticipatory bail in the absence of infringement of right or at least a well-founded apprehension of infringement. Karnataka High Court.

• 27-September-2023
• Daksha Legal

Income Tax Act. Sufficiency to grant immunity from prosecution and penalty under Section 245H are beyond the scope of judicial review unless it contravenes provisions of the Act or has caused prejudice to the opposite party. Supreme Court.

• 27-September-2023
• Daksha Legal

General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.

• 27-September-2023
• Daksha Legal

Alternate appellate remedy. If exercise of jurisdiction by a Tribunal ex-facie appears to be an exercise of jurisdiction in futility, it will be permissible for the High Court to interfere in exercise of its writ jurisdiction. Karnataka High Court.

• 27-September-2023
• Daksha Legal

Advocates must practice Seven Lamps of Advocacy. Making false allegations against the Presiding Officer cannot be countenanced for transfer of case under Section 407 of Cr.P.C. Karnataka High Court.

• 27-September-2023
• Daksha Legal

Abetment to commit suicide. Offending action ought to be proximate to the time of occurrence to constitute the offence under Section 306 IPC. Karnataka High Court.

• 26-September-2023
• Daksha Legal

Lender repeatedly demanding return of the borrowed loan from the borrower and uttering abusive words will not constitute abetment to commit suicide. Karnataka High Court.

• 26-September-2023
• Daksha Legal

Power of the authorities under FERA Act 1947 to investigate and enforce liability and penalty incurred under the Act is not affected after the repeal of the Act. Supreme Court.

• 26-September-2023
• Daksha Legal

Wakf Act. Civil Court can entertain suit or proceedings in relation to any question not falling within four corners of the Wakf Tribunal. Karnataka High Court.

• 25-September-2023
• Daksha Legal

Corporation cannot cancel khata without passing a speaking order and without giving an opportunity to person who may adversely be affected. Karnataka High Court.

• 25-September-2023
• Daksha Legal

Caste certificate cannot be construed as a China Wall that prevents any action being taken. Caste certificate secured by playing fraud can be rescinded in an appropriate proceeding. Karnataka High Court.

• 25-September-2023
• Daksha Legal

When foundation for letting in secondary evidence is laid, certified copy of sale deed is admissible in evidence for the purpose of proving the contents of the original document. Supreme Court.

• 23-September-2023
• Daksha Legal

Sale deed executed by a statutory authority like Bangalore Development Authority cannot be unilaterally cancelled without following the procedure contemplated. Karnataka High Court.

• 22-September-2023
• Daksha Legal

Court can grant relief of partition and separate possession of a portion even though prayer is for relief of declaration of title to the entire property. Karnataka High Court.

• 21-September-2023
• Daksha Legal

Report of C&AG/AG cannot be the basis for fastening of liability when the foundational facts on which such liability is sought to be levied, is disputed by one of the parties to the contract. Karnataka High Court.

• 22-September-2023
• Daksha Legal

Doctrine of alternate remedy is only a judicial invention and not a constitutional constraint; it is not a China Wall built between the Writ Court and the litigants. Karnataka High Court.

• 22-September-2023
• Daksha Legal

Coparcenary right by birth cannot be taken away by a mere statement made in a summary proceeding under Section 125 Cr.P.C. Karnataka High Court.

• 22-September-2023
• Daksha Legal

Though mortgage by deposit of title deeds can be created by handing over title deeds to lender, if the parties reduce the contract to writing, the document alone would be the sole evidence of its terms. Karnataka High Court.

• 21-September-2023
• Daksha Legal

Suit for bare injunction is not maintainable when defendant apart from denying title and possession of plaintiff sets-up title to himself. Karnataka High Court.

• 21-September-2023
• Daksha Legal

Mere pendency of civil dispute is not a ground to refuse sanction of building plan. Karnataka High Court.

• 21-September-2023
• Daksha Legal

If a contract involves sufficient intrinsic material to catapult it to the realm of public law, the principles of natural justice apply while adjudging the breach of such a contract. Karnataka High Court.

• 21-September-2023
• Daksha Legal

Poultry farm activity on agricultural land is not a commercial activity and hence Panchayat cannot levy tax. Karnataka High Court.

• 20-September-2023
• Daksha Legal

Mere pendency of litigation, in the absence of any restraint order, cannot be a ground for the Corporation not to enter the name of the purchaser in the khata. Karnataka High Court.

• 20-September-2023
• Daksha Legal

Injunction against co-owner could be granted only where acts of co-owner would diminish value and utility of property. Karnataka High Court.

• 20-September-2023
• Daksha Legal

''Gratuity is not a bounty that can be withheld at the sweet will or whim of the employer.'' Karnataka High Court condemns State action in withholding gratuity for 16 years. Awards interest and penalty.

• 20-September-2023
• Daksha Legal

Prior purchasers are necessary parties in a suit for specific performance by the subsequent agreement holder. Karnataka High Court.

• 20-September-2023
• Daksha Legal

Civic Amenity sites cannot be sold since they play a crucial role in shaping the quality of life within urban areas. Karnataka High Court.

• 19-September-2023
• Daksha Legal

Citizen adjudged innocent after a due trial cannot be subjected to fresh investigation or trial in Public Interest Litigation jurisdiction. Karnataka High Court.

• 19-September-2023
• Daksha Legal

Ownership and management of Temple built on Government Kharab land cannot be claimed by private persons especially when it is dedicated to the public. Karnataka High Court.

• 19-September-2023
• Daksha Legal

''It has become a habit to lay Sections 504 and 506, IPC in every offence merely because they are non-cognizable and the criminal cases are filed on glorified trivialities between husband and wife''. Karnataka High Court while quashing criminal proceeding

• 19-September-2023
• Daksha Legal

Against order of acquittal, State can file appeal only under Section 378(1) and (3) of Cr.P.C and not under Section 372 of Cr.P.C. Separation of remedy provision cannot be breached. Karnataka High Court.

• 19-September-2023
• Daksha Legal

Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.

• 16-September-2023
• Daksha Legal

Substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance. As such, second appeal cannot be decided on equitable grounds. Kerala High Court.

• 16-September-2023
• Daksha Legal

Child on attaining majority can seek his/her name to be incorporated in the Birth Certificate. The Corporation cannot reject such plea on the ground of delay. Karnataka High Court.

• 16-September-2023
• Daksha Legal

Purchase of granted land in public auction conducted by a co-operative Bank in execution proceedings does not attract the provisions of the Karnataka SC/ST (PTCL) Act. Karnataka High Court.

• 15-September-2023
• Daksha Legal

Bequeathing granted land by Will to non-SC/ST person by original grantee does not attract the provisions of the Karnataka SC/ ST (PTCL) Act, 1978 since Will does not amount to transfer of property. Karnataka High Court.

• 15-September-2023
• Daksha Legal

"If husband is leading a good life, wife cannot be asked to lead a deprived life". Karnataka High Court while enhancing wife’s maintenance.

• 15-September-2023
• Daksha Legal

Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court

• 15-September-2023
• Daksha Legal

Amendment of pleading cannot be rejected on the ground of delay when the Court exercises power under Section 26 (4) of the Specific Relief Act. Karnataka High Court.

• 14-September-2023
• Daksha Legal

Urban Land Ceiling (Repeal) Act, 1999. Merely on the basis of deemed vesting the State cannot takeover land when the proceedings under ULC Act for vesting of land has not been completed by taking actual possession of the land. Karnataka High Court.

• 14-September-2023
• Daksha Legal

Appointment of arbitrator. Question of limitation can be gone into only in the very limited category of cases where there is not even a vestige of doubt that the claim is ex facie time barred. Karnataka High Court.

• 14-September-2023
• Daksha Legal

Change of Khata cannot be refused only on the basis of third party objections when the applicant claims title under a registered sale deed/title deed. Karnataka High Court.

• 14-September-2023
• Daksha Legal

Revocation of probate under the Indian Succession Act. Delay in applying for revocation cannot be considered when the service of notice and publication of citation was defective. Karnataka High Court.

• 14-September-2023
• Daksha Legal

The only relevant issue in a suit under Section 6 of the Specific Relief Act is prior possession and illegal dispossession therefrom. Title to the property is irrelevant. Karnataka High Court.

• 13-September-2023
• Daksha Legal

There is no requirement of producing original title deeds for transfer of khatha under the BBMP Act. Karnataka High Court.

• 13-September-2023
• Daksha Legal

Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.

• 13-September-2023
• Daksha Legal

Sister of deceased employee is not entitled to compassionate appointment unless the Rules specifically provide for. Karnataka High Court.

• 13-September-2023
• Daksha Legal

Insurance Company has no power to levy a service charge for transaction of assignment of a life insurance policy under the Insurance Act, 1938. Supreme Court.

• 13-September-2023
• Daksha Legal

Agreement to sell recording delivery of possession of property before expiry of 15 years contemplated under Section 61 of the Karnataka Land Reforms Act is void and unenforceable. Karnataka High Court.

• 12-September-2023
• Daksha Legal

Karnataka Excise Act. Conducting search without obtaining order from the Magistrate and without recording the grounds for its dispensation under Section 54 is illegal. Karnataka High Court.

• 12-September-2023
• Daksha Legal

Provisions of the Karnataka SC/ST (PTCL) Act are not applicable to lands to which occupancy rights are granted under the Karnataka Land Reforms Act. Karnataka High Court.

• 12-September-2023
• Daksha Legal

Specific Relief Act. Wrong description of property in the agreement of sale, plaint and even in appeal memo can be corrected at the execution stage. Karnataka High Court.

• 12-September-2023
• Daksha Legal

Summary suit based on written contract. There is no requirement that the written contract should be signed by both the parties. Karnataka High Court.

• 11-September-2023
• Daksha Legal

Photostat copy which is compared with its original is admissible as secondary evidence if other conditions required for production of secondary evidence are met. Karnataka High Court.

• 11-September-2023
• Daksha Legal

IBC. Mere expectation of the Liquidator for higher price cannot be a ground to cancel an otherwise valid auction and go for another round of auction. Supreme Court.

• 11-September-2023
• Daksha Legal

Negotiable Instruments Act. A cheque cannot be considered as time barred when it was issued within the time stipulated for repayment. Supreme Court.

• 11-September-2023
• Daksha Legal

“The provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols for long”. Karnataka High Court while ordering parole to Muslim man to perform nikah of his daughter.

• 11-September-2023
• Daksha Legal

Relief of declaration in a title suit to property benefits even those who are not impleaded as plaintiffs. Karnataka High Court.

• 09-September-2023
• Daksha Legal

Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.

• 08-September-2023
• Daksha Legal

“Living person cannot be deprived of a benefit of a death certificate of a person who is dead”. Karnataka High Courts directs BBMP to issue death certificate of employee washed away in heavy rain while working in a stormwater drain.

• 08-September-2023
• Daksha Legal

Sale of electricity generated from the windmill does not attract the provisions of the Kerala Value Added Tax Act. Kerala High Court.

• 09-September-2023
• Daksha Legal

Karnataka Land Revenue Rules. Once a sale deed is registered Sub-Registrar shall forward details within thirty days to Tahsildar and Tahsildar is bound to make entries in Mutation Register. Parties need not do anything in this regard. Karnataka High Court

• 08-September-2023
• Daksha Legal

In case of notional partition, shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased. Supreme Court explains.

• 06-September-2023
• Daksha Legal

Preventive detention under the Goonda Act. Failure to furnish translated copies of the documents to the detenue renders the detention unsustainable. Karnataka High Court.

• 06-September-2023
• Daksha Legal

Counter claim is a plaint governed by the rules applicable to plaint. Defendant who makes counter claim will take the position of plaintiff and plaintiff will take the position of defendant. Burden of proof shifts accordingly. Karnataka High Court.

• 06-September-2023
• Daksha Legal

Dishonour of cheque issued towards time-barred debt/transaction cannot attract the provisions of Section 138, Negotiable Instruments Act. Karnataka High Court.

• 05-September-2023
• Daksha Legal

Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.

• 05-September-2023
• Daksha Legal

Civil Procedure Code. Summons served on wife of defendant is sufficient service. Presumption arises that the defendant had knowledge of the suit and the date of hearing mentioned in the summons. Karnataka High Court.

• 05-September-2023
• Daksha Legal

Motor Vehicles Act. Renewal of permit is a privilege and preferential right of permit holders which shall be considered within a stipulated time failing which deemed renewal kicks in. Karnataka High Court.

• 05-September-2023
• Daksha Legal

‘Don’t leave a helpless person tongue tied.’ Karnataka High Court permits hearing impaired hexagenerian employee to be defended by an Advocate in the departmental enquiry.

• 05-September-2023
• Daksha Legal

Mere usage of the words ‘Khayam’ or ‘Nirantara’ in a collateral document does not make lease of immovable property a ‘permanent lease’. Karnataka High Court.

• 04-September-2023
• Daksha Legal

Section 138 N.I. Act. If a case based on a private complaint ends in acquittal, it can be challenged only under Section 378(4) of Cr.P.C before the High Court. Sessions Court has no jurisdiction. Karnataka High Court.

• 04-September-2023
• Daksha Legal

Mere use of words 'Investigating Officer is directed to conduct the investigation' without applying the judicious mind, does not amount to permission by the Magistrate to take up the investigation for a non-cognizable offence. Karnataka High Court.

• 04-September-2023
• Daksha Legal

Children who are conferred legitimacy under Section 16 HMA are not Coparceners in the Hindu Mitakshara Joint Family but are entitled to father’s notional share in the ancestral property. Supreme Court.

• 02-September-2023
• Daksha Legal

Domestic Violence Act. Question of awarding maintenance till marriage of daughters does not arise and maintenance can be granted only till attainment of majority. Karnataka High Court.

• 02-September-2023
• Daksha Legal

Husband not making any provision for maintenance of the minor children also can be termed as domestic violence. Karnataka High Court.

• 04-September-2023
• Daksha Legal

Earning woman is equally responsible for maintaining the children. Such responsibility cannot be fastened solely on the husband. Karnataka High Court.

• 02-September-2023
• Daksha Legal

Determination of market value under Section 26 of 2013 Land acquisition Act shall be as per the guidelines in Section 26 of 2013 Act and not based on earlier Gazette Notification. Karnataka High Court.

• 01-September-2023
• Daksha Legal

Land grabbing. If the possession over land is traceable to a registered sale deed, the Special Court has no jurisdiction to entertain complaint. Karnataka High Court.

• 31-August-2023
• Daksha Legal

Whenever a defendant takes up a specific contention in his written statement, it is not necessary for the plaintiff to meet it by filing a rejoinder. Karnataka High Court.

• 31-August-2023
• Daksha Legal

No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.

• 31-August-2023
• Daksha Legal

Grant of NOC from the Ministry of Defence for construction within the vicinity of Defence Establishment can only be as per the provisions of the Works of Defence Act, 1903. Executive instructions cannot be relied on. Karnataka High Court.

• 31-August-2023
• Daksha Legal

Remand of the entire suit for fresh trial when the first appellate Court records a finding that the decree was a collusive one and material facts having been suppressed, is permissible. Karnataka High Court.

• 31-August-2023
• Daksha Legal

Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.

• 30-August-2023
• Daksha Legal

Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.

• 30-August-2023
• Daksha Legal

Foreign nationals over-staying in India disobeying Leave India Notices cannot be granted indulgence by the constitutional courts. Karnataka High Court.

• 30-August-2023
• Daksha Legal

Foreign Contribution (Regulation) Act. Mere possession of permanent registration does not permit recipient to get amounts credited to designated savings bank account. Karnataka High Court.

• 30-August-2023
• Daksha Legal

Second suit for partition, instead of enforcing the earlier decree for partition within the period of limitation, is not maintainable. Plaint is liable to be rejected. Karnataka High Court.

• 30-August-2023
• Daksha Legal

Preventing bank from exercising its right under the SARFAESI Act in the guise of partition suit among family members with prayer for injunction is hit by Sections 35 and 36. Karnataka High Court.

• 29-August-2023
• Daksha Legal

Civil Procedure Code. A final decree proceeding may be initiated at any point of time since no limitation is provided therefor. Karnataka High Court.

• 29-August-2023
• Daksha Legal

Investigating agency/officer need not file chargesheet only in the language of the Court determined under Section 272 of CrPC. Proceedings will not be vitiated if the report is not in the language of the Court. Supreme Court.

• 29-August-2023
• Daksha Legal

Persons who are parties to the General Power of Attorney can deny the contents of the GPA on the principle of “non est factum” (it is not my deed). Supreme Court.

• 28-August-2023
• Daksha Legal

Regular Second Appeal. While disposing the second appeal, High Court must refer to and deal with the substantial questions of law framed at the time of admission of the appeal. Supreme Court.

• 29-August-2023
• Daksha Legal

Successive anticipatory bail applications ought not to be entertained when the case diary and the status report clearly indicates that the accused is absconding and not cooperating with the investigation. Karnataka High Court.

• 28-August-2023
• Daksha Legal

Courts must be liberal in allowing applications to record evidence of witnesses by Audio-Video Electronic means. Karnataka High Court.

• 28-August-2023
• Daksha Legal

Mere expression of words without any intention to cause alarm or cause to do any act which he is not legally bound to do, or to omit to do does not constitute criminal intimidation under Section 506 IPC. Karnataka High Court.

• 26-August-2023
• Daksha Legal

The defence of “non est factum” (it is not my deed) is available only when the parties prove that the document is radically different from one intended to be signed by them. Supreme Court.

• 25-August-2023
• Daksha Legal

Scrutiny of credentials of candidates is in the realm of Selection Authority. Writ Court cannot sit in the armchair of experts and decide who is better unless the selection is contrary to law. Karnataka High Court.

• 24-August-2023
• Daksha Legal

Karnataka SC/ST and OBC (Reservation of Appointments) Rules. Only the Director of Civil Rights Enforcements can prosecute regarding fake caste certificate on the report submitted by the District Caste Verification Committee. Karnataka High Court.

• 24-August-2023
• Daksha Legal

Rider of two-wheeler not possessing driving license. Insurance Company is NOT liable for compensation. Karnataka High Court.

• 24-August-2023
• Daksha Legal

An arbitral award cannot be really treated as an instrument under the Stamp Act. Executing Court cannot impound the decree or levy penalty. Karnataka High Court.

• 24-August-2023
• Daksha Legal

Execution of decree. If objector claims through Judgment Debtor, the application is to be rejected. If the claim is based on an independent right, such an application shall be enquired into. Karnataka High Court.

• 23-August-2023
• Daksha Legal

Decree obtained by arraying any one of legal heirs would continue to bind all legal heirs in the absence of fraud or collusion. Karnataka High Court.

• 23-August-2023
• Daksha Legal

Order XXXI Civil Procedure Code. Suit by or against Public Trust without impleading all the Trustees, Executers and Administers is not maintainable. Karnataka High Court.

• 23-August-2023
• Daksha Legal

Fair price shop. Compassionate allotment of licence on the ground of death of authorized original dealer. Control Order of 2016 and 2021 would not be applicable for the licenses issued earlier. Karnataka High Court.

• 23-August-2023
• Daksha Legal

‘’Even on a money claim, the Writ would be maintainable, if the action of the State smacks arbitrariness’’. Karnataka High Court directs Bank to refund sale consideration arising out of a fraudulent auction sale.

• 23-August-2023
• Daksha Legal

Tenancy rights can be adjudicated only before the Land Tribunal. Tahsildar has no right to enter the name of the Government in RTC assuming vesting of the land. Karnataka High Court.

• 22-August-2023
• Daksha Legal

Criminal Law. When accused is acquitted, normal rule to restore the property to him unless the court for special reasons order the property to be confiscated or returned to any other person. Karnataka High Court.

• 22-August-2023
• Daksha Legal

‘’Set your house in order’’. Karnataka High Court lambasts at the lackadaisical attitude on the part of the Karnataka Lokayukta in completing investigations under the Prevention of Corruption Act in time.

• 22-August-2023
• Daksha Legal

When the absolute sale of property and the reconveyance are reflected in separate documents, the transaction cannot be held to be a transaction of mortgage of property. Supreme Court.

• 22-August-2023
• Daksha Legal

Provisions in the Customs Act do not override the statutory preference in terms of Section 529A of the Companies Act, which treats the secured creditors and the workmen’s dues as overriding preferential creditors. Supreme Court.

• 22-August-2023
• Daksha Legal

Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.

• 21-August-2023
• Daksha Legal

Karnataka Police Act. Externment takes away fundamental right and shall not to be passed as a matter of course but to be resorted in extraordinary circumstances and meet Article 19 (5) of the Constitution of India. Karnataka High Court.

• 21-August-2023
• Daksha Legal

Where the allegations in the FIR are absurd, inherently improbable, manifestly attended with mala fides or is maliciously instituted with a view to spite the accused, such proceedings should be quashed. Karnataka High Court.

• 21-August-2023
• Daksha Legal

Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.

• 21-August-2023
• Daksha Legal

Rules 3 and 9 of the Karnataka Prevention of Food Adulteration Rules regarding sample test and following the instructions and directions of the Central Government are mandatory. Karnataka High Court.

• 21-August-2023
• Daksha Legal

Suit for partition. Inclusion of properties in the plaint schedule cannot be questioned by purchaser of property since he has no say in the suit to dictate how the suit has to be proceeded with. Karnataka High Court.

• 19-August-2023
• Daksha Legal

Land acquisition. In determining market value of large chunk of land, the value of smaller pieces of land could be taken into consideration subject to appropriate deduction towards roads, open spaces etc. Supreme Court.

• 19-August-2023
• Daksha Legal

Explanation to Order XVII Rule 2 CPC empowering the court to proceed with the case when substantial portion of the evidence of any party has already been recorded does not apply when the defendant had not led any evidence at all. Supreme Court.

• 19-August-2023
• Daksha Legal

‘’A borrower is a borrower, whether he is a practising lawyer or a sitting Judge. Loan laws do not provide for favourable treatment to them when they become chronic defaulters.’’ Karnataka High Court.

• 18-August-2023
• Daksha Legal

‘’LGBT community must be treated with all love and affection and not point at the infirmity that they have no control of.’’ Karnataka High rejects plea of co-workers charged with abetment to commit suicide.

• 17-August-2023
• Daksha Legal

‘’Leaking highly sensitive defence data into dark web has the effect of destabilizing security of the nation’’. Karnataka High Court rejects plea of techie challenging criminal proceedings.

• 18-August-2023
• Daksha Legal

Haj Committee Act. Term of Chairman and Members cannot be extended simply because they took charge of their office belatedly. Karnataka High Court.

• 17-August-2023
• Daksha Legal

Karnataka Rent Act. Date of filing eviction petition governs the jurisdiction of the Court. Subsequent conduct of the parties will not oust the jurisdiction. Karnataka High Court.

• 17-August-2023
• Daksha Legal

‘’A lender cannot lend his ears for cock & bull stories of the borrower’’. Karnataka High Court rejects plea of Senior Advocate & chronic loan defaulter challenging loan recovery proceedings.

• 17-August-2023
• Daksha Legal

Karnataka Police Act. Playing ‘’Andhar Bahar” in private house does not attract Common Gaming-House under the Act. Prosecution cannot launched in such a scenario. Karnataka High Court.

• 17-August-2023
• Daksha Legal

Mere demarcation of land in the Master Plan for road widening would not amount to acquisition. State can either acquire the land by paying compensation or return it to owner. Karnataka High Court.

• 16-August-2023
• Daksha Legal

Indian Succession Act. Revocation/annulment of probate or letters of administration for just cause. Grounds for revocation are not confined to Section 263 or the illustrations therein. Revocation can be done even on other grounds. Karnataka High Court.

• 16-August-2023
• Daksha Legal

Road Transport Corporation. Section 33 (2) (b) of the Industrial Disputes Act is required to be complied with only if punishment of discharge or dismissal is made and not in respect of other punishments. Karnataka High Court.

• 16-August-2023
• Daksha Legal

Adopted son becomes a coparcener in the adoptor’s family and cannot claim right in his genitive family properties. Karnataka High Court.

• 16-August-2023
• Daksha Legal

Statutory authority cannot take away property of the Citizen without paying compensation. Karnataka High Court directs conveyance of the alternate property.

• 14-August-2023
• Daksha Legal

When appeal against dismissal of suit for injunction is pending, the same does not give right to the defendant to seek injunction by way of fresh suit on same the cause of action pleaded by him. Karnataka High Court.

• 12-August-2023
• Daksha Legal

Sufficiency of cause for wife to live separately from husband cannot be gone into in a proceeding under Section 125 Cr.P.C. Negligence or refusal by husband to maintain is sufficient. Karnataka High Court.

• 11-August-2023
• Daksha Legal

Proceeding under Section 138 NI Act before a particular Court when the transaction having happened in a different place is not maintainable. Karnataka High Court.

• 11-August-2023
• Daksha Legal

Perfection of title over Government land by adverse possession requires to be considered more seriously since it involves destruction of right/title of the State and conferring title upon a third-party encroacher where he had none. Supreme Court.

• 11-August-2023
• Daksha Legal

Parties to an agreement choosing jurisdiction of a particular court and waiving objection to such venue cannot sue before any other Court. Karnataka High Court.

• 10-August-2023
• Daksha Legal

Election Law. Non-disclosure or suppression of the assets of the candidate or his his/her spouse in his nomination amounts to corrupt practice. Karnataka High Court.

• 09-August-2023
• Daksha Legal

Judgment on admissions. It is not permissible for the Court to make roving enquiry for disposal of the application filed under Order XII Rule 6 of CPC. Karnataka High Court.

• 10-August-2023
• Daksha Legal

Woman seeking relationships with people on social media platforms and after prolonged consensual sexual relationship, registering crimes alleging rape; such conduct amounts to abuse of process of law. Karnataka High Court.

• 11-August-2023
• Daksha Legal

Presumption of innocence is a human right. Mere recovery of the tainted money, dehorse the circumstances under which it was found, is not sufficient for conviction under the PC Act when the substantive evidence is not proved. Karnataka High Court.

• 10-August-2023
• Daksha Legal

Though employee of a nationalised bank is “public servant’ under the PC Act, the analogy cannot be extended to the IPC and hence protection under Section 197 of the CrPC is not available. Supreme Court.

• 10-August-2023
• Daksha Legal

Karnataka High Court directs integration of Police IT with Road Accident Data Base, Forensic Laboratory Management System, Insurance Companies and Transport Department for the effective redressal of motor vehicle accident victims.

• 10-August-2023
• Daksha Legal

Election Petition without arraigning all the candidates to an election in an election petition where a declaration of the petitioner to be a returned candidate is sought for is liable to be dismissed. Karnataka High Court.

• 09-August-2023
• Daksha Legal

Application for Parole cannot be rejected merely because an appeal against conviction is pending. Karnataka High Court.

• 09-August-2023
• Daksha Legal

Grant of sanction u/s 197 Cr.P.C. is an administrative function and the presumption under Section 114(e) of the Indian Evidence Act that official acts have been performed regularly can be applied. Karnataka High Court.

• 08-August-2023
• Daksha Legal

Agreement of sale in violation of Section 61 of the Karnataka Land Reforms Act, 1961 is void and cannot be enforced. Karnataka High Court.

• 08-August-2023
• Daksha Legal

Registration of FIRs. Karnataka High Court directs DGP to issue Circular to all Station House Officers to follow directions issued in Lalita Kumari's case. Circular to indicate disciplinary proceedings in case of lapse.

• 07-August-2023
• Daksha Legal

A banker who answers description of State under Article 12 of the Constitution cannot act like a private lender. Abrupt stoppage of release of sanctioned loan is justiciable under Article 226 of the Constitution of India. Karnataka High Court.

• 07-August-2023
• Daksha Legal

When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.

• 07-August-2023
• Daksha Legal

Order under Section 143A of the N. I Act is not interlocutory but intermediate. Revision before the Sessions Court under Section 397 of the Cr.P.C. is maintainable. Karnataka High Court.

• 05-August-2023
• Daksha Legal

Section 227 Cr.P.C. Application seeking discharge in the midst of trial is not maintainable especially when the earlier application was withdrawn. Supreme Court.

• 05-August-2023
• Daksha Legal

Probate or letters of administration in respect of a Will made outside Bengal, Madras and Bombay need not be obtained. Authorities cannot insist on probate of Will to recognise right over immovable property. Karnataka High Court.

• 04-August-2023
• Daksha Legal

Anti-Corruption Law & Service Rules. Borrowing authority can entrust an enquiry to the Lokayukta without obtaining prior permission/ approval of the lending authority. Karnataka High Court.

• 04-August-2023
• Daksha Legal

Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.

• 04-August-2023
• Daksha Legal

Cheque issued by vendor to purchaser of property as security towards pending litigation on the property is not ‘legally enforceable debt’. Karnataka High Court.

• 04-August-2023
• Daksha Legal

Second marriage by Muslim woman without divorcing the first husband is 'Batil' and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.

• 03-August-2023
• Daksha Legal

Release of seized vehicle under Section 457 of Cr.P.C. Deposit/security amount for release of the vehicle to the interim custody cannot be randomly fixed without any basis. Karnataka High Court.

• 03-August-2023
• Daksha Legal

''False cases filed under SC/ST (Prevention of Atrocities) Act clog the criminal justice system and consume considerable time of the Courts at all levels''. Karnataka High Court while quashing frivolous case arising out of civil dispute.

• 04-August-2023
• Daksha Legal

Bar of Civil Court jurisdiction in a statute. Before considering the application for temporary injunction, the court must first consider the issue regarding jurisdiction. Karnataka High Court.

• 03-August-2023
• Daksha Legal

Only those findings, without which the Court cannot adjudicate a dispute on an issue on merits constitute res judicata between the same set of parties in subsequent proceedings. Supreme Court.

• 03-August-2023
• Daksha Legal

Section 5 of the Limitation Act can be invoked in an appeal filed under Section 37 of the Arbitration and Conciliation Act. Karnataka High Court.

• 02-August-2023
• Daksha Legal

Prosecution cannot seek second stint of Police custody long after the accused remanded to judicial custody. Karnataka High Court.

• 02-August-2023
• Daksha Legal

Second wife is not entitled to retirement benefits of her deceased husband. Karnataka High Court.

• 02-August-2023
• Daksha Legal

ATM management services provided to banks cannot be saddled with Value Added Tax when Service Tax is already levied on them. Karnataka High Court.

• 02-August-2023
• Daksha Legal

Transfer of Property act. Unpaid vendor has a charge on the property for the amount of consideration which was not paid. However, the sale deed cannot be challenged on this ground. Supreme Court.

• 02-August-2023
• Daksha Legal

Private agreement/settlement between the parties cannot override the Standing Order under the Industrial Employment (Standing Orders) Act, 1946. Supreme Court.

• 01-August-2023
• Daksha Legal

Karnataka Public Premises (Eviction of unauthorised Occupants) Act is not a bar for a suit for permanent injunction against dispossession except in accordance with law. Karnataka High Court.

• 01-August-2023
• Daksha Legal

Blocking Input Tax Credit available in Electronic Credit Ledger under Rule 86A of the Central Goods and Services Tax Rules, 2017. Post-decisional or remedial hearing shall be granted to the person/assessee affected. Karnataka High Court.

• 01-August-2023
• Daksha Legal

Human teeth cannot be construed as dangerous weapon or means to attract Section 326 of the Indian Penal Code though it can attract Section 325 for voluntarily causing grievous hurt. Karnataka High Court.

• 01-August-2023
• Daksha Legal

Court cannot suspend license of medical practitioner to practice medicine under the Contempt of Courts Act. Supreme Court.

• 03-August-2023
• Daksha Legal

Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.

• 01-August-2023
• Daksha Legal

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. Alleged act of encroachment of granted land does not fall within the definition of transfer under Section 3(e) of the Act. Karnataka High Court.

• 31-July-2023
• Daksha Legal

Collection of Statistics Act, 2008. Conviction for neglect or refusal to supply particulars under Section 15 (1) will not absolve furnishing data. Second complaint under Section 15 (2) does not amount to double jeopardy. Karnataka High Court.

• 31-July-2023
• Daksha Legal

Criminal Law. Subsequent voluntary statement of the accused cannot be admissible in evidence and recovery to that effect amounts to “rediscovery of a fact already disclosed and capable of discovery.” Karnataka High Court.

• 31-July-2023
• Daksha Legal

Karnataka Cooperative Societies Act. Authorities under the Act have no jurisdiction to decide title of parties. Validity of registered Sale Deed cannot be gone into under Sections 70 and 118 of the Act. Karnataka High Court.

• 31-July-2023
• Daksha Legal

Cheque dishonour. Cheque issued by Secretary on behalf of Trust. Complaint is not maintainable without making the Trust a party to the proceedings. Karnataka High Court.

• 31-July-2023
• Daksha Legal

Certificate to appeal under Articles 132 and 134A of the Constitution of India cannot be sought on the grounds which were not urged in the proceeding before the High Court.

• 29-July-2023
• Daksha Legal

Cheque Dishonor. When the signatory to the cheque was a sole proprietor of a firm, on his death, the liability would not move upon the legal heirs of such sole proprietor. Karnataka High Court.

• 29-July-2023
• Daksha Legal

Decree granted in a time barred suit can be executed. Such a decree though illegal, is certainly not without jurisdiction. Karnataka High Court.

• 28-July-2023
• Daksha Legal

An independent suit questioning the compromise decree is not maintainable. Parties must approach the very same Court if any fraud or misrepresentation is alleged while obtaining the compromise decree. Karnataka High Court.

• 28-July-2023
• Daksha Legal

Transferor cannot prejudice the rights of the transferee by subsequent dealing with the property. If there are successive transfers of the same property, the later transfer is subject to the prior transfer. Karnataka High Court.

• 28-July-2023
• Daksha Legal

Transportation of diesel for sale in tanker without invoice cannot constitute the offence of “negligent conduct with respect to fire or combustible matter” under Section 285 IPC. Karnataka High Court.

• 29-July-2023
• Daksha Legal

Land Acquisition Act. Beneficiary is not a necessary party when the landowner seeks reference to Court under section 18(1) or 18(3)(b) of the Act. Karnataka High Court.

• 28-July-2023
• Daksha Legal

‘Life is lost in living’. Matrimonial case involving prayer for dissolution of marriage should be decided at the earliest so that in the event of decree, the parties may restructure their lives. Karnataka High Court.

• 28-July-2023
• Daksha Legal

State or its authorities cannot levy tax on the properties belong to Union of India constructed after the commencement of the Constitution of India in view of Article 285. Karnataka High Court.

• 27-July-2023
• Daksha Legal

When the final report by the police discloses non-cognizable offence in investigation involving cognizable and non-cognizable offences, the Magistrate can proceed to take cognizance for such non-cognizable offence. Kerala High Court.

• 27-July-2023
• Daksha Legal

Negotiable Instruments Act. When the cheque issued by partnership firm is dishonoured, criminal proceeding under Section 138 without impleading the firm is not maintainable. Kerala High Court.

• 27-July-2023
• Daksha Legal

"Disputes between the governmental bodies cannot be dragged before the constitutional courts". Karnataka High Court sets up committee to resolve the dispute between APMC and BMRCL regarding compensation.

• 27-July-2023
• Daksha Legal

Unauthorized occupant cannot claim adverse possession in respect of property which belongs to statutory body. Karnataka High Court.

• 26-July-2023
• Daksha Legal

Income Tax Act. Magistrate can take cognizance for the offences under Sections 277 and 278 only on the basis of complaint by the authorized officer with prior sanction from the competent Authority. Karnataka High Court.

• 26-July-2023
• Daksha Legal

Karnataka Land Revenue Act. Deputy Commissioner has no jurisdiction to reject the application for conversion of land after the expiry of four months when the deeming clause under Section 95 (5) applies. Karnataka High Court.

• 26-July-2023
• Daksha Legal

Workmen's Compensation Act. Mere deposit of award amount with interest before the appellate court while challenging the award will not absolve the appellant from paying interest till the realisation of the award. Karnataka High Court.

• 26-July-2023
• Daksha Legal

Resjudicata applies even to wrong decisions. Judgment which has attained finality intra-parties cannot be re-opened simply because the legal position is altered in another subsequent judgment. Karnataka High Court.

• 26-July-2023
• Daksha Legal

Unregistered relinquishment deed can be relied on for the collateral purpose of proving earlier partition and division of joint family status as recited in the deed. Karnataka High Court.

• 25-July-2023
• Daksha Legal

Suit for partition. Appointment of court commissioner during the proceedings to find out the existence of building etc would be unnecessary since such an exercise can be undertaken at the time of final decree proceedings. Karnataka High Court.

• 25-July-2023
• Daksha Legal

Karnataka Gram Swaraj and Panchayath Raj Act. Holding contractor’s licence under the GESCOM/KPTCL amounts to an ‘office of profit’. Such person is disqualified from contesting election. Karnataka High Court.

• 25-July-2023
• Daksha Legal

Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.

• 25-July-2023
• Daksha Legal

Karnataka Rent Act, 1999. Second revision petition under Section 115 of CPC is maintainable as against the revisional order passed by the District Court under Section 46. Karnataka High Court.

• 24-July-2023
• Daksha Legal

Second wife cannot initiate criminal proceedings against the husband for the offence under Section 498-A of IPC. Karnataka High Court.

• 24-July-2023
• Daksha Legal

Criminal law. To impose the extreme punishment, all the three tests; Crime test, Criminal test and Rarest rare test must be satisfied. Karnataka High Court converts imprisonment till last breath of life to life imprisonment.

• 24-July-2023
• Daksha Legal

Karnataka Public Premises (Eviction of unauthorized occupants) Act is not a bar for the public authority to file for eviction against a dismissed employee seeking possession of the service quarters. Karnataka High Court.

• 24-July-2023
• Daksha Legal

Suit regarding public trust. It is not necessary that the plaint with documents shall be filed only after the leave is granted. The Court can form an opinion to grant leave on going through the pleadings. Karnataka High Court.

• 24-July-2023
• Daksha Legal

Offences under the Wildlife Protection Act. Court can take cognizance only on the complaint filed by the authorized officer and not on the charge sheet submitted by the jurisdictional police. Karnataka High Court.

• 22-July-2023
• Daksha Legal

Sub-tenant claiming under tenant is not entitled to notice under Section 106 of the Transfer of Property Act. Termination of the tenancy would, as a matter of course, affect the sub-lease as well. Karnataka High Court.

• 22-July-2023
• Daksha Legal

Right of the defendant to file a separate suit for partition in respect of properties not included in the plaint is not barred merely because he did not make counter claim in respect of the omitted property. Karnataka High Court.

• 22-July-2023
• Daksha Legal

Freedom fighters’ pension. The proof required must be as provided in the pension scheme itself. As long as such proof was not available, the benefit cannot be granted. Karnataka High Court, while following the Supreme Court Judgment.

• 22-July-2023
• Daksha Legal

Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court.

• 21-July-2023
• Daksha Legal

Karnataka Gram Swaraj and Panchayat Raj Act. Period of 30 months for Adhyaksha/Upadhyakshah has to be calculated from the date of result of the election. The delay in holding the first meeting would not add any period to their term. Karnataka High Court.

• 21-July-2023
• Daksha Legal

Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.

• 21-July-2023
• Daksha Legal

Judgment of the foreign Court is not executable in India if the same is not on merits. Even when the defendant is placed exparte, the judgment ought to be the one based on evidence led by the plaintiff. Karnataka High Court.

• 20-July-2023
• Daksha Legal

Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.

• 19-July-2023
• Daksha Legal

Grant of temporary injunction in suit based on defamation. Issue regarding territorial jurisdiction goes to the root of the matter and the Court must consider this issue before considering other aspects. Karnataka High Court.

• 19-July-2023
• Daksha Legal

Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.

• 19-July-2023
• Daksha Legal

Sale cannot be set aside under Order XXI Rule 90 CPC unless there is material irregularity which has resulted substantial injury to the judgment-debtor. Karnataka High Court.

• 19-July-2023
• Daksha Legal

Workmen’s Compensation Act. Total disablement under Section 2 (1) (I) is the ‘functional disability’ and not just the ‘physical disability’ which is the determining factor in assessing whether the claimant has incurred total disablement. Supreme Court.

• 19-July-2023
• Daksha Legal

Adoption of child precedes proper ceremonies being performed. Mere adoption deed without proof of required ceremonies does not prove adoption. Karnataka High Court.

• 18-July-2023
• Daksha Legal

Reservation of posts in excess of 50% to SC and ST category under the Karnataka Gram Swaraj and Panchayat Raj Act is not ultravires the Act. Karnataka High Court.

• 18-July-2023
• Daksha Legal

Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.

• 18-July-2023
• Daksha Legal

Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.

• 18-July-2023
• Daksha Legal

Gravity of the offence is not a relevant consideration to decline bail to juvenile. Known criminality, expose made to any morale, physical or psychological danger and ends of justice being defeated are the relevant factors. Karnataka High Court.

• 18-July-2023
• Daksha Legal

Principle of Feeding the Grant by Estoppel would enure to the benefit of purchasers of Inam lands upon the re-grant under the Karnataka (Religious and Charitable) Inam Abolition Act, 1955. Karnataka High Court.

• 17-July-2023
• Daksha Legal

SC/ST (Prevention of Atrocities) Act. The Act is grossly misused by few engaging the Courts of law. Genuine complaints of people who have actually suffered abuse would go into the oblivion. Karnataka High Court.

• 17-July-2023
• Daksha Legal

Externment under the Karnataka Police Act. Mere apprehension of the police is not a factor which is required to be considered before passing an order under Section 58 of the Act. Karnataka High Court.

• 17-July-2023
• Daksha Legal