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  Purchaser of an undivided share is entitled to initiate a final decree proceeding to obtain partition and separate possession of the share purchased from the vendors instead of filing separate suit for partition. Karnataka High Court.

  • 24-July-2025
  • Daksha Legal
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  Mere rise of prices, even astronomical, would not be a reason, by itself, to deny the equitable relief of specific performance once sufficient grounds are made out for granting such relief. Supreme Court.

  • 24-July-2025
  • Daksha Legal
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  Karnataka Police Act. Mere possession of substantial cash without supporting documents is not an offence under Section 98 unless there is reasonable suspicion or evidence that it was stolen or obtained by fraud. Criminal proceedings based solely on such possession are untenable, especially when the seizure occurred outside the Election Code of Conduct period. Karnataka High Court.

  • 25-July-2025
  • Daksha Legal
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  When a court grants a legal benefit to certain individuals, the principle of treating similarly situated persons equally requires that the same benefit be extended to all others in identical circumstances, without necessitating separate litigation. Authorities are duty-bound to apply such decisions uniformly to all comparable cases. Karnataka High Court.

  • 24-July-2025
  • Daksha Legal
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  SC/ST (Prevention of Atrocities) Act. An appeal against an acquittal must be filed within 90 days. After 180 days, the appeal cannot be accepted, no matter what the reason for the delay is. Courts have to follow this strict rule. Karnataka High Court.

  • 24-July-2025
  • Daksha Legal
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  ‘’Forcing a disabled person to endure litigation warrants the imposition of exemplary costs on the State officers’’. Karnataka High Court imposes costs of ?2 lakhs on the officers for failing to disburse the award amount to the disabled international swimmer.

  • 24-July-2025
  • Daksha Legal
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  Land acquisition proceedings must be dropped if a court-appointed committee finds, based on previous Apex Court directions, that the acquired land parcels are disjointed and surrounded by unnotified or deleted lands, making the formation of a contiguous and practical layout impossible. Karnataka High Court.

  • 23-July-2025
  • Daksha Legal
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  Negotiable Instruments Act. An appeal against a conviction cannot be dismissed solely for delayed compliance with a pre-deposit condition, as the right to appeal requires a merits-based adjudication. Karnataka High Court.

  • 23-July-2025
  • Daksha Legal
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  Where no proper notice is served on all parties after a prior remand, and the Land Tribunal fails to record who was in actual cultivation as tenant on the relevant date, a fresh remand is justified. Delay in challenge does not bar such relief if the petitioners were unaware of the proceedings due to lack of notice. Karnataka High Court.

  • 23-July-2025
  • Daksha Legal
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  An agreement to sell immovable property does not require mandatory attestation under law. The mere non-examination of an attesting witness does not invalidate the proof of a registered agreement to sell, especially when the defendant has neither denied its execution nor chosen to contest it. Karnataka High Court.

  • 23-July-2025
  • Daksha Legal
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  ''A carefully orchestrated fraudulent enterprise, involving forged documents collusion with public officials''. Connivance of public servants in facilitating crime, if proven, renders the matter one not of private grievance, but of public concern. Pendency of civil proceedings on the same issue cannot eclipse the penal consequences of a serious offence. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal
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  Right to Information Act. A free land grant by erstwhile Maharaja to a Society makes it ‘substantially financed’ by the State given the land's current significant value and its critical role in the entity's existence, thus rendering the entity a 'public authority'. Karnataka High Court.

  • 22-July-2025
  • Daksha Legal