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  Criminal Law. When a case relies heavily on a dying declaration, the court must meticulously examine its veracity, consistency, and the surrounding circumstances. If the dying declaration is inconsistent, appears doubtful, or is not adequately corroborated by other reliable evidence, and if the prosecution's case is marred by significant inconsistencies and procedural lapses, the accused is entitled to acquittal. Karnataka High Court.

  • 26-April-2025
  • Daksha Legal
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  Partition. Mere filing of ‘Vardi’ does not prove family arrangement. Prior partition must be supported by strong evidence. If no such arrangement is convincingly proven, the property of the deceased should be divided equally among the legal heirs. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Personal liberty. The mandate to furnish written grounds of arrest to an arrestee is a crucial safeguard of the arrestee's rights under Articles 21 and 22(1) of the Constitution. Non-compliance with this requirement vitiates the arrest and any subsequent remand order, even if the arrest occurred before the Pankaj Bansal ruling. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Suit for injunction. Unregistered sale agreements or MOUs, even if they involve payment of consideration and handing over of original title deeds, do not convey title since in disputes over vacant land, possession is presumed to follow title. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed under Section 31. A non-executant need only to seek a declaration that the deed is invalid, or nonest, or illegal or that it is not binding on him. Supreme Court.

  • 25-April-2025
  • Daksha Legal
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  Sale of property in violation of injunction order. If the parties had no knowledge of the injunction order, the transaction cannot be declared void ab initio. Supreme Court.

  • 25-April-2025
  • Daksha Legal
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  Criminal proceedings under the Domestic Violence Act against family members of the husband, such as parents-in-law and aunts, are liable to be quashed if the complaint does not contain specific allegations or claims for relief against them, and continuing such proceedings would constitute an abuse of the process of law. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Motor Vehicles accident. In cases of composite negligence, the claimant may sue both or any one of the joint tortfeasors to recover entire compensation or damages from any one of them as liability of joint tortfeasors is joint and several. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Enquiry into the constitution, working and financial condition of a co-operative society. Registrar continues to have supervisory power over the enquiry officer appointed by him as also have the right to reject the report submitted and direct fresh enquiry. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Doctrine of blending under the Hindu Law. Mere fact that other members of the family were allowed to use the property jointly or that the income of the separate property was utilized out of generosity does not constitute blending of properties. Supreme Court.

  • 24-April-2025
  • Daksha Legal
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  Giving false evidence or fabricating documents. Before initiating a complaint for offences affecting the administration of justice, Court must record a clear finding. The absence of an opinion to hold an enquiry renders the impugned direction procedurally unsustainable. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Even if a wife is granted monetary relief under the PWDV Act, it does not prevent her from claiming maintenance under Section 125 of the Cr.P.C. When determining the quantum of maintenance, the court should consider the maintenance awarded in any previously instituted proceeding to avoid overlapping and conflicting orders. Karnataka High Court.

  • 23-April-2025
  • Daksha Legal