Judgements

An individual can be permitted to prosecute an appeal as an indigent person under Order 44 Rule 1 of the Civil Procedure Code, 1908, when a solvency report from the jurisdictional Tahsildar confirms their lack of means, and there is no substantiated evidence to the contrary. Karnataka High Court.

31-July-2025

Daksha Legal
Karnataka Land Reforms Act. An established Land Tribunal order granting occupancy rights, found in official records and reflected in long-standing mutation entries, prevails over a conflicting, unsigned, and procedurally flawed handwritten order. Karnataka High Court.

31-July-2025

Daksha Legal
Karnataka Civil Services (Appointment on Compassionate Grounds) Rules. The one-year limit for compassionate appointments should not be strictly applied if authorities fail to act on a timely, although informal, application from an illiterate widow, as their inaction deprives eligible dependents of a fair chance to apply. Karnataka High Court.

31-July-2025

Daksha Legal
An accused already in custody for one offense requires formal arrest and remand in the second offense for their custody in the latter case to be legal. In such an eventuality, fresh bail application can be filed before the Trial Court, even if previously granted bail and released in the initial offense. Karnataka High Court.

31-July-2025

Daksha Legal
Order 41 Rule 31 of CPC. First Appellate Court must independently re-evaluate all evidence and reappreciate the material available on record like the original Court and also make independent assessment. Karnataka High Court.

31-July-2025

Daksha Legal
‘’Doctrine of lost grant’’ is a legal fiction developed to confer title by prescription, even when a right cannot be established through immemorial use. The presumption of a lost grant is not absolute unless the right originated legally, was exercised openly and peacefully, and was valid and enforceable against all. Karnataka High Court.

30-July-2025

Daksha Legal
A recruiting authority cannot cancel a candidate's provisional selection based on pending criminal proceedings without providing a hearing, especially when the case is subsequently quashed. Such action violates natural justice and is a misapplication of law, entitling the candidate to appointment. Karnataka High Court.

30-July-2025

Daksha Legal
A suit for declaration of ownership cannot be maintained without seeking the relief of possession when the plaintiffs are not in possession of the property. Karnataka High Court.

30-July-2025

Daksha Legal
Specific Relief Act. A plaintiff's failure to comply with a conditional decree for specific performance by not paying the balance consideration within the stipulated time, and not seeking a time extension from the court that issued the decree, constitutes willful non-compliance. In such cases, the contract can be rescinded by the court under Section 28(1). Karnataka High Court.

30-July-2025

Daksha Legal
Land Acquistion. Compensation for compulsorily acquired land, especially in prime locations with non-agricultural potential, should be based on the highest value from a bona fide comparable sale, rather than an average of disparate sale prices. A deduction for larger acquired areas is permissible when based on smaller plot sale exemplars. Supreme Court.

30-July-2025

Daksha Legal
Once a valid and uncancelled gift deed transfers property, any subsequent alienation by the donor is void and does not convey title. A suit for partition filed by the legal heirs of the donee is unaffected by such alienation or any plea of limitation. Karnataka High Court.

29-July-2025

Daksha Legal
When no elected councillors are available in a specific sub-category for the reserved post of President, the competent authority may revise the reservation to a broader category to ensure the effective functioning of the Municipal Council. This approach is consistent with the 'play in the joints' principle. Karnataka High Court.

29-July-2025

Daksha Legal

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