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  Consumer Protection Act. Complaints against banks alleging deficiency in service, particularly those arising from marital disputes or involving criminal allegations, are not suitable for adjudication through the summary procedure of consumer forums. Such complaints are liable to be dismissed, especially where the complainant had prior knowledge of the transactions in question. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Gift deed executed before coming into force of the Act cannot be challenged under the Act. Proper remedy is to file appropriate suit before the Civil Court. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Municipal authority cannot adjudicate on the validity of registered gift deeds or civil court judgments while considering a khata transfer application. If there are existing khatas registered in other individuals' names, those parties must be given an opportunity to be heard before any orders affecting their rights are passed. Karnataka High Court.

  • 27-June-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007. While senior citizen who is aggrieved by the order can appeal under Section 16, son, daughter or a third party can approach the High Court under Article 226 and 227 of the Constitution challenging the order. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  A writ petition challenging the constitutional validity of a statutory provision does not become infructuous merely because the provision is amended or repealed during the pendency of the proceedings, if the petitioners have suffered consequences under the unamended law that are capable of being redressed by the Court. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  Land Acquisition Act. Period of two years statutorily imposed for rendering an award under Section 11A of the Land Acquisition Act cannot be made applicable to an award passed on a reference made under Section 18 and an application made under Section 28A. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  Land Acquisition Act. When determining enhanced compensation for acquired land, particularly land with potential for non-agricultural use but not yet converted, the market value can be calculated based on the Sub-Registrar's rate for residential property in the vicinity, subject to a deduction for development charges. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  An ex-parte decree can be challenged in a regular appeal under Section 96 CPC for improper summons service, even without availing the remedy under Order IX Rule 13, especially if procedural irregularities or factual discrepancies regarding service are evident from the record. Karnataka High Court.

  • 26-June-2025
  • Daksha Legal
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  Civil Court has no jurisdiction in matters relating to service conditions of employees of educational institutions where such issues are governed by a special statute, Karnataka Education Act, which provides a specific and exclusive forum for the redressal of such grievances. Karnataka High Court.

  • 25-June-2025
  • Daksha Legal
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  Indian Telegraph Act. A petition for compensation is an application before a civil court and is subject to the three-year limitation period commencing from the date of commissioning of the high-tension power line. Claims filed beyond this period are time-barred, and a District Judge lacks jurisdiction to entertain such petitions. Karnataka High Court.

  • 25-June-2025
  • Daksha Legal
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  Land Acquisition Act, 1894. Acquisition proceedings are rendered void if there is a failure to strictly adhere to statutory timelines and procedural safeguards, such as proper notification, effective hearing of objections, and timely award pronouncement with due approvals, thereby ensuring the protection of property rights against arbitrary state action. Karnataka High Court.

  • 25-June-2025
  • Daksha Legal
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  Mere supply of electricity without its actual consumption does not constitute a sale. In such cases, only a tariff can be levied, not a tax. The State lacks legislative competence to impose a tax on electricity charges, including minimum tariffs for electricity that is supplied but not consumed. Karnataka High Court.

  • 25-June-2025
  • Daksha Legal