Judgements

''Suspension in some cases is worse than penalty.'' A suspension order, whether based on direct action or the statutory deeming fiction i.e. custody exceeding 48 hours, is illegal, arbitrary, and unsustainable if the competent authority fails to fulfill the mandatory statutory safeguard of independent application of mind. Karnataka High Court.

30-October-2025

Daksha Legal
Karnataka Victim Compensation Scheme. When husband is convicted for abetment to commit suicide, the child who suffered the loss is a victim within the definition of the scheme and requires rehabilitation under the Act. Karnataka High Court.

30-October-2025

Daksha Legal
A surety for a bank loan cannot unilaterally withdraw from suretyship without substitution. His discharge can only happen on repayment of the loan amount and/or substitution of the surety/guarantor to the satisfaction of the lender. Karnataka High Court.

30-October-2025

Daksha Legal
Insolvency and Bankruptcy Code. preference shareholders cannot become a financial creditors and the application by the preference shareholders under Section 7 is not maintainable. Supreme Court.

30-October-2025

Daksha Legal
SARFAESI Act. The borrower’s right of redemption stands extinguished once the secured creditor publishes the auction notice. Any subsequent offer to pay dues or match the auction price after publication and confirmation of sale is invalid, as the SARFAESI Act overrides the general right of redemption under Section 60 of the Transfer of Property Act. Karnataka High Court.

29-October-2025

Daksha Legal
A suit seeking specific performance of a Memorandum of Understanding to execute a Joint Development Agreement must be summarily rejected if the MOU is found to be a bare promise and void for lack of consideration or constitutes a mere ‘agreement to agree’ and is incapable of specific enforcement. Karnataka High Court.

29-October-2025

Daksha Legal
Dismissal of a complaint for default or non-compliance after the accused's appearance amounts to an acquittal under Section 255 Cr.P.C., for which the only proper recourse is an appeal against acquittal under Section 378(4) Cr.P.C., rendering a revision petition non-maintainable. Karnataka High Court.

29-October-2025

Daksha Legal
A consensual long-term relationship between adults, where one is already married, cannot later be treated as rape or cheating on failure to marry, since the existing marriage makes any such promise illegal and the consent not vitiated by misconception. Karnataka High Court.

29-October-2025

Daksha Legal
Karnataka Civil Services (Classification, Control and Appeal) Rules. Natural justice requires that a delinquent officer be given notice and an opportunity to represent before the Disciplinary Authority records its final findings and imposes a penalty. No such hearing is required at the stage of merely recording disagreement with the Inquiry Officer’s findings. Karnataka High Court.

29-October-2025

Daksha Legal
In a partition suit, an absolute injunction restraining alienation over the entire property is incorrect when the plaintiffs only claim a fractional share. The injunction can be granted to restrain alienation or encumbrance on the reserved portion equivalent to the share claimed. Karnataka High Court.

28-October-2025

Daksha Legal
Karnataka SC/ST (PTCL) Act. Application for resumption of land by the grantee held to be time-barred at the instance of the earlier purchaser. The sale of the land by the grantee to a third party with prior Government permission, and the subsequent sales cannot be treated as void when their validity is not questioned. Karnataka High Court.

28-October-2025

Daksha Legal
Allegation of rape. A voluntary relationship sustained over time, with evidence indicating consensual intimacy, cannot be criminalised merely on a later claim of withdrawn consent. Permitting such prosecution would amount to abuse of process, justifying quashing of the proceedings. Karnataka High Court.

28-October-2025

Daksha Legal

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