Judgements

Arbitration and Conciliation Act. Section 8. Non-signatory defendants cannot be exposed to arbitral proceedings especially when the cause of action against all the defendants is same and cannot be bifurcated. Karnataka High Court.

31-May-2023

Daksha Legal
Wife willfully abandoning husband cannot claim maintenance under Section 125 Cr.P.C. especially when husband has not refused or neglected to maintain her. Karnataka High Court.

31-May-2023

Daksha Legal
Essential Commodities Act. Initiation of criminal proceedings without making company an accused are not maintainable and are liable to be quashed. Karnataka High Court.

01-June-2023

Daksha Legal
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
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
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
“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
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
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
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
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
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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