• 

  Rejection of earlier bail petition does not bar the Court from considering further developments on different considerations in a successive bail petition subject to gravity of the offence. Karnataka High Court.

  • 02-January-2023
  • Daksha Legal
• 

  Where contractual term provides pre estimate amount as ‘earnest money’, the onus to prove that the same was ‘penal’ in nature lies on the party seeking refund of the same failing which the amount would become genuine pre estimate of loss. Supreme Court.

  • 03-January-2023
  • Daksha Legal
• 

  Stay of reinstatement order by High Court cannot be a ground to deny backwages to the employee when ultimately the order of reinstatement is confirmed. Supreme Court.

  • 15-December-2022
  • Daksha Legal
• 

  Pathi, Patni aur Woh. Direction to place call/tower details of the wife’s lover before the Court violates privacy guaranteed under Article 21 of the Constitution of India. Karnataka High Court.

  • 15-December-2022
  • Daksha Legal
• 

  To determine weight of ganja to bring it under small or medium or commercial quantity, seeds and leaves cannot be excluded. Karnataka High Court.

  • 15-December-2022
  • Daksha Legal
• 

  Reference under section 18 of the Land Acquisition Act filed within six months after the challenge to acquisition proceedings was rejected is valid and cannot be rejected as barred by time. Supreme Court.

  • 15-December-2022
  • Daksha Legal
• 

  Karnataka Municipalities Act. In case of incomplete or incorrect property tax return, the Municipality has a right to assess property only for a period of six years and not beyond it. Karnataka High Court.

  • 14-December-2022
  • Daksha Legal
• 

  Writ jurisdiction cannot be invoked challenging issuance of caste certificate since alternate remedy of appeal is provided under the Karnataka SC/ST & OBC (Reservation of Appointments, etc.,) Act. Karnataka High Court.

  • 15-December-2022
  • Daksha Legal
• 

  The stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge and it is at that stage alone that the court can consider the application under Section 300 Cr.P.C. Supreme Court.

  • 14-December-2022
  • Daksha Legal
• 

  When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.

  • 14-December-2022
  • Daksha Legal
• 

  Muslim couple enter into agreement to adopt unborn child of Hindu couple to overcome Muslim Law barrier. Karnataka High Court expresses shock while nixing the agreement.

  • 14-December-2022
  • Daksha Legal
• 

  Willful disobedience of the Court order to survey land of the aged/poor farmer. Karnataka High Court imposes cost of Rs. 3 lakhs recoverable from the Tahsildars responsible for the inaction.

  • 13-December-2022
  • Daksha Legal