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  A voluminous complaint and detailed, tailor-made chargesheet alone are insufficient to establish criminality if the fundamental ingredients of the offense are lacking. In such cases, the complaint and chargesheet are liable to be quashed. Karnataka High Court.

  • 04-July-2025
  • Daksha Legal
• 

  Land Acqusition Act. A final notification is unsustainable if the State Government fails to duly consider the report submitted by the Special Land Acquisition Officer under Section 5A(2) and the objections filed by the landowners. The preliminary notification may remain valid, allowing the State to restart the acquisition process from the stage of Section 5A. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
• 

  A person from the 'Veerashaiva Lingayat' community cannot claim the benefits of the 'Beda Jangama' Scheduled Caste. Mere grant of 'Beda Jangama' Certificate to a member of the family would not permit issuance of certificate to other claimant if they belong to 'Veerashaiva Lingayat' Community. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
• 

  Bharatiya Nagarik Suraksha Sanhita. High Court has no revisional or appellate power over the discretionary order of grant of bail even in heinous offences. Grave and serious error while granting bail can be corrected only under Article 227 of the Constitution of India. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
• 

  An agreement to sell land, even if executed during a statutory non-alienation period, is valid and enforceable if it explicitly defers the execution of the sale deed until after the non-alienation period expires, as such an agreement does not constitute a 'transfer' or 'sale' in violation of the restriction. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
• 

  Tax on advertisements and hoardings. Mere display of name or direction of educational institution with a particular logo within the premises cannot be treated as a taxable advertisement unless it carries an element of commercial activity consequently generating revenue from such advertisement. Karnataka High Court.

  • 03-July-2025
  • Daksha Legal
• 

  An agreement of sale executed during a prohibitory or non-alienation period is barred by law and contrary to public policy, thereby attracting the bar under Section 23 of the Indian Contract Act. Consequently, a plaint filed to enforce such an agreement is liable to be rejected. Karnataka High Court.

  • 02-July-2025
  • Daksha Legal
• 

  The compensation for injuries to minors in motor vehicle accidents should be calculated based on the minimum wages of a skilled workman and include future prospects, rather than relying on fixed notional income or disability percentages. Karnataka High Court.

  • 02-July-2025
  • Daksha Legal
• 

  Section 92 of CPC is a statutory safeguard protecting public charitable and religious trusts from frivolous litigation. Granting leave is a crucial step that activates the court's jurisdiction, and until then, the plaint remains legally ineffective. Karnataka High Court.

  • 02-July-2025
  • Daksha Legal
• 

  A caretaker or servant, even with long-term possession of a property, does not acquire any right or interest in that property and is obligated to vacate upon the owner's demand. The courts will not protect the possession of such a person against the true owner, especially when there is no valid rent, lease, or license agreement to support a claim of tenancy, and evidence suggests a caretaker arrangement. Karnataka High Court.

  • 02-July-2025
  • Daksha Legal
• 

  Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.

  • 01-July-2025
  • Daksha Legal
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  A daughter-in-law cannot be compelled to pay maintenance to her mother-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.

  • 01-July-2025
  • Daksha Legal