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  I chose motherhood and the State chose to terminate me. Karnataka High Court sets aside termination of woman employee on the ground of her seeking maternity leave. Imposes cost of Rs. 25000 to be recovered from the Officer.

  • 04-February-2021
  • Daksha Legal
• 

  Doctrine of Lost Grant. Presumption of an origin of some lawful title. A person who is in long and quiet possession with no proof of title can rely on the Doctrine of Lost Grant to prove possessory title. Supreme Court.

  • 03-February-2023
  • Daksha Legal
• 

  Suit for declaration. If the plaintiff is not entitled for whole of the property Court can pass a decree for partition of his share without driving him to file another suit for partition. Karnataka High Court.

  • 17-June-1987
  • Daksha Legal
• 

  Election Law. A candidate has a vested right to seek recount of votes. Improper refusal of recount can be challenged by way of writ petition. Filing of election petition is not necessary. Karnataka High Court

  • 13-January-2021
  • Daksha Legal
• 

  Litigant challenges his Opponent to take oath in a Temple. Loses the case. see Supreme Court judgment on Oaths Act 1872.

  • 21-April-1992
  • Daksha Legal
• 

  Civil Procedure Code. Section 89. Settlement of disputes outside the Court. Full court fee is refundable even for out-of-court dispute settlement. Supreme Court.

  • 17-February-2021
  • Daksha Legal
• 

  Transfer of Property Act 1882. A purchaser cannot have a better title than what his vendor had. Supreme Court

  • 21-February-2013
  • Daksha Legal
• 

  Contract Act. Contractually-stipulated interest rate if found to be penal excessive or in terrorem can be reduced by Court to a reasonable rate of compensation. Supreme Court

  • 17-February-2021
  • Daksha Legal
• 

  Judicial review. Presence of arbitration clause in a contract between a state instrumentality and a private party not a bar to avail remedy under Article 226 when the state instrumentality violates constitutional mandate to act fairly and reasonably. SC

  • 17-February-2021
  • Daksha Legal
• 

  Compromise Decree. A consent decree would not serve as an estoppel where the compromise was vitiated by fraud misrepresentation or mistake. Supreme Court.

  • 17-February-2021
  • Daksha Legal
• 

  Civil Procedure Code. Transposition of Defendant as Plaintiff. Filing of counterclaim by defendant is not a condition for transposition. What is required for transposition is not the Counterclaim but an identity of interest. Karnataka High Court.

  • 17-January-2023
  • Daksha Legal
• 

  Conditional decree for specific performance. Conditions not fulfilled by plaintiff. Results in automatic dismissal of the suit itself. Court has the power to extend time. But if the plaintiff commits repeated defaults the decree is lost. Supreme Court.

  • 27-March-2015
  • Daksha Legal