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  Factories Act. Criminal proceedings against factory occupier and manager cannot be sustained when the accident occurred during civil work entrusted to an external agency that was not part of the factory's normal manufacturing process, and where all precautionary measures were taken by the factory. Karnataka High Court.

  • 08-July-2025
  • Daksha Legal
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  Hindu Marriage Act. The right of a spouse to receive permanent alimony under Section 25 is not only available at the time of passing of a decree but any time subsequent thereto on an application. Karnataka High Court.

  • 07-July-2025
  • Daksha Legal
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  In the context of the Karnataka Rent Act, 1999, the legal heirs (excluding the widow) of a deceased 'moolgeni' (permanent lease) tenant are entitled to tenancy for a maximum of five years from the original tenant's death. Furthermore, a landlord's eviction plea based on bonafide personal requirement fails if the petitioner dies during the case, and no other family member's similar need is subsequently established. Karnataka High Court.

  • 07-July-2025
  • Daksha Legal
• 

  Criminal proceedings, including the order taking cognizance, can be quashed under Section 482 of the Cr.P.C. where the private complaint itself contains inherent ambiguities regarding the commission of the alleged offense (e.g., alleging a completed act while simultaneously invoking a provision for attempt), and there is a lack of substantiating evidence at the initial stage, rendering further proceedings a futile exercise. Karnataka High Court.

  • 07-July-2025
  • Daksha Legal
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  Karnataka Protection of Interest of Depositors in Financial Establishments Act. Proceedings for attachment of property does not require a prior criminal case or naming as accused in a charge sheet. Special Court has jurisdiction to examine whether a property transfer was made in good faith or for proper consideration irrespective of the status of any related criminal proceedings. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  When a property is exclusively used or intended for residential apartments, the association of apartment owners must be formed and registered under the specific provisions of the Karnataka Apartment Ownership Act and not under the more general Karnataka Co-operative Societies Act. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  Postal Department, as a public utility, cannot deny or suspend services or agreement renewals to an entity based on mere allegations of criminal or fraudulent activities or pending investigations without a conclusive judicial finding. Karnataka High Court.

  • 07-July-2025
  • Daksha Legal
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  An irrevocable General Power of Attorney, where full sale consideration for the property has been received by the principal, cannot be unilaterally terminated. Consequently, a party cannot seek temporary injunction based on such an attempted unilateral termination. Karnataka High Court.

  • 05-July-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Proceedings under Sections 79A and 79B cannot be initiated in respect of the transactions occurred prior to the enactment of the sections. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Family Courts should liberally allow an amendment to include a prayer for permanent alimony in a matrimonial petition, even at a later stage, as permanent alimony is a relief incidental to the main prayer for dissolution of marriage. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Order of injunction restraining alienation or interference with possession in a suit challenging a registered sale deed on grounds of misrepresentation or non-receipt of consideration should be denied when complex factual issues necessitate a full trial, especially if there is a significant delay in filing the suit and the plaintiffs' interests regarding subsequent alienations are adequately protected by the doctrine of lis pendens. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
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  Contract employees also have right to maternity benefits. Such right is rooted in the constitutional mandate under Article 42 and strengthened by international conventions unless the policy expressly excludes them in a manner consistent with constitutional and international obligations. Orissa High Court.

  • 04-July-2025
  • Daksha Legal