• 

  Change in law during the pendency of an appeal must be considered and applied. It is the duty of a court to take note of the change in law affecting pending actions and to give effect to them. Supreme Court.

  • 08-December-2023
  • Daksha Legal
• 

  One of the co-owners can alone and in his own right file a suit for ejection against the tenant. Supreme Court.

  • 01-December-2023
  • Daksha Legal
• 

  Caretaker/servant cannot acquire interest in suit property irrespective of long possession. Plaint in a suit by such caretaker/servant has to be rejected. Supreme Court.

  • 01-December-2023
  • Daksha Legal
• 

  DNA test is not to be directed as a matter of routine but only in deserving cases which satisfy the test of eminent need. Supreme Court.

  • 06-December-2023
  • Daksha Legal
• 

  Employees Compensation Act. Commissioner is bound to consider the aspect of penalty in accordance with statutory provision when there is delay in payment of even the partial liability. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal
• 

  Gram Panchayat. Protection against no-confidence motion against president/VP who assume office after resignation, disqualification or death of the first elected President/VP would not go beyond earlier incumbents’ period. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal
• 

  Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal
• 

  Where the defendant has already lost the title suit and cannot claim title over the property, the plaintiff can file a simple suit for injunction without seeking declaration of his title. Supreme Court.

  • 29-November-2023
  • Daksha Legal
• 

  Third party applicant approaching execution court under Order 97 Rule XXI of CPC should possess an independent title which is superior to that of the decree holders. Karnataka High Court.

  • 29-November-2023
  • Daksha Legal
• 

  Execution Court must consider whether a portion of the property is sufficient to satisfy the decree. Failure amounts to ‘substantial injury’ within the meaning of Order 21 Rule 90. Karnataka High Court.

  • 29-November-2023
  • Daksha Legal
• 

  There is no need for the Court order appointing guardian in respect of minor’s undivided interest in joint family. Parents can sell undivided interest of minor in joint family property. Karnataka High Court.

  • 28-November-2023
  • Daksha Legal
• 

  Badli worker (replacement worker) is not entitled to the protection under the provisions of the Industrial Disputes Act. Karnataka High Court.

  • 28-November-2023
  • Daksha Legal