• 

  Court can grant relief of partition and separate possession of a portion even though prayer is for relief of declaration of title to the entire property. Karnataka High Court.

  • 21-September-2023
  • Daksha Legal
• 

  Report of C&AG/AG cannot be the basis for fastening of liability when the foundational facts on which such liability is sought to be levied, is disputed by one of the parties to the contract. Karnataka High Court.

  • 22-September-2023
  • Daksha Legal
• 

  Doctrine of alternate remedy is only a judicial invention and not a constitutional constraint; it is not a China Wall built between the Writ Court and the litigants. Karnataka High Court.

  • 22-September-2023
  • Daksha Legal
• 

  Coparcenary right by birth cannot be taken away by a mere statement made in a summary proceeding under Section 125 Cr.P.C. Karnataka High Court.

  • 22-September-2023
  • Daksha Legal
• 

  Though mortgage by deposit of title deeds can be created by handing over title deeds to lender, if the parties reduce the contract to writing, the document alone would be the sole evidence of its terms. Karnataka High Court.

  • 21-September-2023
  • Daksha Legal
• 

  Suit for bare injunction is not maintainable when defendant apart from denying title and possession of plaintiff sets-up title to himself. Karnataka High Court.

  • 21-September-2023
  • Daksha Legal
• 

  Mere pendency of civil dispute is not a ground to refuse sanction of building plan. Karnataka High Court.

  • 21-September-2023
  • Daksha Legal
• 

  If a contract involves sufficient intrinsic material to catapult it to the realm of public law, the principles of natural justice apply while adjudging the breach of such a contract. Karnataka High Court.

  • 21-September-2023
  • Daksha Legal
• 

  Poultry farm activity on agricultural land is not a commercial activity and hence Panchayat cannot levy tax. Karnataka High Court.

  • 20-September-2023
  • Daksha Legal
• 

  Mere pendency of litigation, in the absence of any restraint order, cannot be a ground for the Corporation not to enter the name of the purchaser in the khata. Karnataka High Court.

  • 20-September-2023
  • Daksha Legal
• 

  Injunction against co-owner could be granted only where acts of co-owner would diminish value and utility of property. Karnataka High Court.

  • 20-September-2023
  • Daksha Legal
• 

  ''Gratuity is not a bounty that can be withheld at the sweet will or whim of the employer.'' Karnataka High Court condemns State action in withholding gratuity for 16 years. Awards interest and penalty.

  • 20-September-2023
  • Daksha Legal