Judgements

Cause of action would mean and include the very right to sue. If the plaint does not disclose the right to sue, it must be rejected in order to weed out unnecessary, frivolous litigation, and save precious judicial time for deserving cases. Karnataka High Court.

12-June-2025

Daksha Legal
An appeal against a divorce decree does not abate upon the death of the decree-holder spouse, as it impacts the surviving spouse's legal status and proprietary rights. Karnataka High Court.

11-June-2025

Daksha Legal
A municipal authority cannot unilaterally alter long-standing Katha entries supported by registered sale deeds and tax payments on the basis of an objection, but rather should direct the objecting party to establish their title in a civil court. Karnataka High Court.

11-June-2025

Daksha Legal
Payment of Gratuity Act. The Controlling Authority has the discretion to decide whether to levy compound interest on delayed gratuity payments under Section 8, after providing the employer a reasonable opportunity to present its case. Karnataka High Court.

11-June-2025

Daksha Legal
Hindu Succession Act. A suit for partition by a deceased Hindu male's sister's daughters is liable for rejection under Order VII Rule 11(a) CPC, as, in the absence of Class I heirs, the deceased's brothers inherit the property to the exclusion of the sister's daughters. Karnataka High Court.

11-June-2025

Daksha Legal
Prevention of Corruption Act. In a 'reverse trap’ case, where the bribe-taker returns the money during a sting, the High Court cannot quash proceedings without a full trial due to the complex evidentiary issues involved. Karnataka High Court.

11-June-2025

Daksha Legal
‘’The cat named Daisy appears to have driven every one crazy and even the criminal justice system’’. Karnataka High Court quashes criminal proceedings for the alleged kidnap of the cat by the neighbour.

10-June-2025

Daksha Legal
A family court can stay matrimonial proceedings under Section 151 CPC if the petitioner-husband fails to pay maintenance arrears, even if awarded under Section 125 Cr.P.C., as the court has inherent power to prevent abuse of process and ensure compliance with its orders. Karnataka High Court.

10-June-2025

Daksha Legal
Land acquisition proceedings are liable to be quashed when the acquired land remains an undeveloped ‘island’ surrounded by private developments, making the formation of a self-contained layout impossible, and such challenges are not barred by prior dismissals or delay, as the non-implementation of the scheme provides a fresh cause of action. Karnataka High Court.

10-June-2025

Daksha Legal
Plaint cannot be rejected by relying on the defendant's plea of res judicata or by considering contentions beyond the averments made in the plaint itself. The existence of a factual dispute necessitates a full trial for proper adjudication, rather than a summary dismissal at the initial stage. Karnataka High Court.

10-June-2025

Daksha Legal
Vehicle classification for toll collection is governed by the National Highways Act. The concessionaire can levy additional toll charges post facto when there's a mismatch between a vehicle's registration details and its FASTag declaration. Karnataka High Court.

10-June-2025

Daksha Legal
Once land is acquired and possession is taken for public purposes, title vests with the State/Authority. Remedy available to the landowner is only under the land acquisition legislation and not by way of civil suit. Karnataka High Court.

10-June-2025

Daksha Legal

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