Judgements

Specific Performance Act. Where the property subject to the agreement is part of a larger undivided joint property, co-owner is a necessary party to the specific performance suit since no effective decree can be passed in the absence of such a party. Karnataka High Court.

14-June-2025

Daksha Legal
An execution petition for an arbitral award in a commercial dispute is maintainable before a Commercial Court, as the commercial nature of the dispute remains intact even after the award is passed. Karnataka High Court.

14-June-2025

Daksha Legal
An application for stay under Section 10 CPC cannot be entertained if filed after inordinate delay at an advanced stage of trial, as it indicates a malafide intent to protract long-pending litigation, overriding the strict requirements of res sub judice. Karnataka High Court.

14-June-2025

Daksha Legal
Protection of Women from Domestic Violence Act. Female relatives of the husband/male partner can be included as 'respondents'. However, the quantum of interim maintenance is determined by the proven income of the respondent, and courts are justified in reducing it if the applicant fails to provide evidence of higher income. Karnataka High Court.

13-June-2025

Daksha Legal
Prevention of Corruption Act. Conviction is justified when complainant's evidence, if consistent and corroborated by material particulars e.g., shadow witness, forensic evidence, and accused's conduct, can establish the demand, particularly when the defence's explanation is unconvincing. Karnataka High Court.

13-June-2025

Daksha Legal
Karnataka Land Revenue Act. Authorities cannot arbitrarily reclassify 'A' kharab land as 'B' kharab land to divest a lawful landholder of their possession and rights, especially when existing revenue records and previous official proceedings unequivocally confirm the landholder's established interest and possession over such land. Karnataka High Court.

13-June-2025

Daksha Legal
Hindu Marriage Act. The legal fiction of legitimacy under Section 16 is available only to children of Hindu parents whose marriage, though void or voidable, is recognized under the Hindu Marriage Act. Children born out of wedlock between a Hindu and Muslim cannot claim the benefit under the Section. Karnataka High Court.

13-June-2025

Daksha Legal
Civil Procedure Code. Plaintiffs in commercial suits can introduce documents Under Order XI Rule 1(c)(ii) later in the proceedings if production of such documents is in response to a case set up by the defendant after the plaint was filed, without needing to show a ‘reasonable cause’ for earlier non-disclosure. Karnataka High Court.

13-June-2025

Daksha Legal
Cancellation of a land grant due to the grantee's failure to deposit the value of standing trees is unsustainable if the action is not preceded by valuation of the standing trees made at the hands of the competent authority and the demand to pay the same. Karnataka High Court.

12-June-2025

Daksha Legal
Employees Compensation Act. Wages specified in the Central Government's notification under Section 4(1B) must be mandatorily applied and a lesser amount cannot be considered. In cases arising from a vehicular accident where a motor vehicle package policy is involved, the Insurance Company is liable for the interest on the compensation amount. Karnataka High Court.

12-June-2025

Daksha Legal
Commercial disputes. The 120-day limit for filing a written statement from the date of summons service is a strict statutory mandate that cannot be extended by the courts, even if an application for extension is filed within the 120-day period, if the actual filing occurs after this limit. Karnataka High Court.

12-June-2025

Daksha Legal
When plaintiff seeks only to ‘hold and enjoy’ property for a limited period under a Will, the court must assess court fees based on the relief claimed in the plaint and not on the market value of the property. Karnataka High Court.

12-June-2025

Daksha Legal

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