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  A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court's order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.

  • 12-July-2025
  • Daksha Legal
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  Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Karnataka Lokayuktha has no power to go into the question of irregularity or grievances which arise during the recruitment of an employee since such enquiry does fall within the definition of ‘administrative action’ of a civil servant. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  For an arbitration clause to be valid and binding, it must unequivocally demonstrate the parties' mandatory intention to refer disputes to arbitration. The use of precatory language like ‘may’ rather than mandatory language like ‘shall’ indicates a mere possibility or option for future arbitration, contingent on further agreement, and therefore does not create a legally enforceable arbitration agreement. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Industrial Disputes Act. Enquiry under Section 33 (2) (b) as to whether domestic enquiry was fair and proper rendered after recording evidence operates as Res judicata between the same parties in a subsequent proceeding challenging the penalty imposed. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Foreign Marriage Act. A marriage conducted in accordance with the customs or religious practices of a foreign country, and supported by evidence such as cohabitation, joint finances, and social recognition, holds legal validity in India, regardless of whether it is registered under the Act. Karnataka High Court.

  • 11-July-2025
  • Daksha Legal
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  Interim maintenance for a wife and child should be granted consistently, liberally to ensure survival during proceedings. An order denying interim maintenance to a wife while granting it to the child, without sufficient grounds, is unsustainable, especially when considering the respondent's admitted high income. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Karnataka Police Act. For non-cognizable offences, the police cannot initiate an investigation or file a charge-sheet without strict adherence to Section 155(1) and 155(2). The informant must be referred to the Magistrate, and the Magistrate must pass a reasoned, explicit order permitting the investigation, rather than a mere endorsement, otherwise, the entire proceedings are invalid and must be quashed. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  A court can strike off a defendant's defence under Order VI Rule 16 read with Section 151 of the CPC when there is a persistent and wilful failure to comply with court orders for payment of rent, as such conduct constitutes contumacious defiance and an abuse of the court's process. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Right to inherit tenancy in tenanted lands is exclusively limited to individuals falling within the statutory definition of ‘family’. Married daughter is expressly excluded from this definition and possesses no inheritable right to her father's tenanted land. Karnataka High Court.

  • 10-July-2025
  • Daksha Legal
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  For a married woman seeking a caste and income validity certificates, only her father's income should be considered, and her husband's income is irrelevant for this purpose. Public officials who disregard this settled law and cause delays in issuing such certificates will face exemplary costs payable from their personal funds. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal
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  Arrears of maintenance accrued during the lifetime of wife is not a personal right that abates upon her death. It constitutes an enforceable debt that forms part of her estate and can be pursued by her legal heirs. Karnataka High Court.

  • 09-July-2025
  • Daksha Legal