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  A Disciplinary Authority cannot withhold 100% of pension and gratuity unless legally justified. Arbitrary withholding of pensionary benefits violates fundamental rights and entitles the petitioner to full restoration with interest. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
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  Indian Succession Act. Sole legatee, by necessary implication can act as an executor of a Will and can apply for grant probate of Will. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
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  Proceedings under the State Financial Corporations Act must be initiated within three years from the date of demand notice. Mere invocation of a guarantee deed does not extend the limitation period unless there is an acknowledgment of debt. Karnataka High Court.

  • 07-March-2025
  • Daksha Legal
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  Writ jurisdiction. Mere existence of the disputed question of fact, by itself, does not take away the jurisdiction of the writ court in granting appropriate relief where the facts are disputed merely to create a ground for the rejection of the writ petition. Supreme Court.

  • 06-March-2025
  • Daksha Legal
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  Prevention of Corruption Act. The validity of sanction under Section 19 is a matter for trial to be decided during trial and cannot be quashed under Section 482 CrPC unless there is a fundamental procedural irregularity. Public servants manipulating government records for illegal gains commit criminal misconduct under Sections 13(1)(c) and 13(1)(d), and mere delay in filing an FIR does not vitiate corruption proceedings. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
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  Caste Certificate. A third party challenging a caste certificate must demonstrate direct legal injury or impact. Once issued, a caste certificate enjoys a presumption of validity, and the burden of proof lies on the challenger to provide substantial evidence. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
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  Trial court has no power to determine stamp duty and penalty on insufficiently stamped documents. Such matters must be referred to the District Registrar, who alone has the power to assess and certify compliance. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. A private land cannot be declared as an unrecorded habitation without verifying ownership and following due process. The landowner must be given a fair hearing before such classification, and merely showing settlements on a Google Map does not justify reclassification. Karnataka High Court.

  • 06-March-2025
  • Daksha Legal
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  A civil suit cannot be decreed solely on the ground that the defendant failed to file a written statement; the plaintiff must establish claims with proper evidence. The Court must exercise subjective satisfaction and cannot grant a decree blindly without assessing the legal merits of the claim. Karnataka High Court.

  • 05-March-2025
  • Daksha Legal
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  Urban Land (Ceiling and Regulation) Repeal Act, 1999. Legal possession is valid only when it is documented through a duly executed panchanama. Mere vesting of the land would not confer any right on the State Government to have de facto possession of the vacant land. Supreme Court.

  • 05-March-2025
  • Daksha Legal
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  Criminal Law. A stay on a discharge order should be granted only in rare cases where the discharge is ex-facie perverse. The High Court’s power under Section 390 CrPC should prioritize bail over custody to protect personal liberty. Procedural fairness requires that an accused be heard before staying a discharge order. Supreme Court.

  • 05-March-2025
  • Daksha Legal
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  Resjudicata applies only when a former suit has been decided on the same cause of action, involving identical parties and issues. An ex-parte decree without substantive findings does not bar a subsequent suit where ownership and possession claims are distinct from prior proceedings. Karnataka High Court.

  • 05-March-2025
  • Daksha Legal