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  Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.

  • 31-May-2023
  • Daksha Legal
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  A decision on the constitutional validity of a provision should be invited not in vacuum but when the justice of the case demands such a decision - Decision on an infructuous writ petition is inconsequential and can never be of any effect. Supreme Court.

  • 01-June-2023
  • Daksha Legal
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  Mere filing of appeal before the appropriate authority against an order without jurisdiction would not cure want of jurisdiction of the original authority. Karnataka High Court.

  • 31-May-2023
  • Daksha Legal
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  “In our criminal justice system, it is not the end result of the proceedings, that is agonizing, it is the rigmarole of proceedings which by itself can become a punishment.”. Karnataka High Court quashes proceedings against person dragged in POCSO case.

  • 06-June-2023
  • Daksha Legal
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  Law of Limitation. Suit challenging the earlier partition, filed several decades after the partition deed, is liable to be dismissed by rejecting the plaint under Order 7 Rule 11. Supreme Court.

  • 30-May-2023
  • Daksha Legal
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  Even a void order rendered between the parties will operate inter-parties and binding on them until it is successfully challenged in a higher Forum. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
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  Suit for partition filed several years after the property was sold by the karta or the mother is hit by the doctrine of acquiescence and the same is liable to be dismissed. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
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  Inclusion of properties already partitioned in a suit for partition amounts to vexatious and scandalous litigation. Court can order deleting the properties from the plaint under Order 6 Rule 16 of CPC. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
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  Partition Act. Party who applies for sale of the property under Section 2 cannot opt for purchase of the share of the other parties under Section 3. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
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  Merely because the issues are civil in nature, the offences that are alleged cannot be ignored if the complaint and the charge sheet would make out the offences alleged. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
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  Registered sale deed or release deed do not require attestation and it is not necessary to examine attesting witnesses unless the execution of the document is specifically denied by its executor. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
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  Arbitration and Conciliation Act. Limitation under Section 34(3) commences only from the date a signed copy of the award is delivered to the party applying for setting it aside. Mere knowledge of the award is not enough. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal