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  Judgement on admissions. When tenancy and its termination is admitted in reply notice or pleadings, decree for ejection can be passed under XII Rule 6 CPC without trial of the suit. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
• 

  SARFAESI Act. Even person other than principal borrower, like tenant, can challenge the order passed under Section 14 only before the competent Tribunal. Writ petition is not maintainable. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
• 

  Formation of road by Corporation on private property without acquisition. Karnataka High Court directs payment of compensation to the owner.

  • 02-December-2021
  • Daksha Legal
• 

  A judgment and decree of injunction would operate perpetually. Decree holder can file execution when the decree is violated. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
• 

  An attesting witness not being privy to the contents of the document can not be roped in criminal case filed against the vendor for creating fraudulent document. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
• 

  Withdrawal of suit. There is no concept of trial and error in a litigation. A litigant cannot after having failed in the suit, be permitted to file a fresh suit by covering up the lacunae pointed out. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
• 

  Power of High Court to order further investigation of a crime at the instance of representatives of the deceased. Karnataka High Court discusses parameters of consideration.

  • 30-November-2021
  • Daksha Legal
• 

  Cr.P.C. Summons to produce documents or other thing under Section 91 can NOT be issued to authorities who are protected under law from divulging any information obtained during seizure etc. Karnataka High Court.

  • 30-November-2021
  • Daksha Legal
• 

  Medical negligence. In this era of super specialization, the doctor who performed surgery alone cannot be responsible for different aspects of treatment required and given to patient. Supreme Court

  • 30-November-2021
  • Daksha Legal
• 

  Trademark infringement. Merely because the registered trademark is the name of celebrated deity/God, it cannot be held that the trademark is not entitled for protection against infringement. Karnataka High Court.

  • 29-November-2021
  • Daksha Legal
• 

  Government contracts. Mere possibility of more money in the public coffers does not in itself serve public interest. Blanket claim of loss of public money cannot be used to forgo contractual obligations. Supreme Court.

  • 29-November-2021
  • Daksha Legal
• 

  Disruption of tender process through Public Interest Litigation as a matter of routine can hardly be the objective of constitutional review. Supreme Court.

  • 29-November-2021
  • Daksha Legal