Judgements

An accused already in custody for one offense requires formal arrest and remand in the second offense for their custody in the latter case to be legal. In such an eventuality, fresh bail application can be filed before the Trial Court, even if previously granted bail and released in the initial offense. Karnataka High Court.

31-July-2025

Daksha Legal
Order 41 Rule 31 of CPC. First Appellate Court must independently re-evaluate all evidence and reappreciate the material available on record like the original Court and also make independent assessment. Karnataka High Court.

31-July-2025

Daksha Legal
‘’Doctrine of lost grant’’ is a legal fiction developed to confer title by prescription, even when a right cannot be established through immemorial use. The presumption of a lost grant is not absolute unless the right originated legally, was exercised openly and peacefully, and was valid and enforceable against all. Karnataka High Court.

30-July-2025

Daksha Legal
A recruiting authority cannot cancel a candidate's provisional selection based on pending criminal proceedings without providing a hearing, especially when the case is subsequently quashed. Such action violates natural justice and is a misapplication of law, entitling the candidate to appointment. Karnataka High Court.

30-July-2025

Daksha Legal
A suit for declaration of ownership cannot be maintained without seeking the relief of possession when the plaintiffs are not in possession of the property. Karnataka High Court.

30-July-2025

Daksha Legal
Specific Relief Act. A plaintiff's failure to comply with a conditional decree for specific performance by not paying the balance consideration within the stipulated time, and not seeking a time extension from the court that issued the decree, constitutes willful non-compliance. In such cases, the contract can be rescinded by the court under Section 28(1). Karnataka High Court.

30-July-2025

Daksha Legal
Land Acquistion. Compensation for compulsorily acquired land, especially in prime locations with non-agricultural potential, should be based on the highest value from a bona fide comparable sale, rather than an average of disparate sale prices. A deduction for larger acquired areas is permissible when based on smaller plot sale exemplars. Supreme Court.

30-July-2025

Daksha Legal
Once a valid and uncancelled gift deed transfers property, any subsequent alienation by the donor is void and does not convey title. A suit for partition filed by the legal heirs of the donee is unaffected by such alienation or any plea of limitation. Karnataka High Court.

29-July-2025

Daksha Legal
When no elected councillors are available in a specific sub-category for the reserved post of President, the competent authority may revise the reservation to a broader category to ensure the effective functioning of the Municipal Council. This approach is consistent with the 'play in the joints' principle. Karnataka High Court.

29-July-2025

Daksha Legal
A valid sale agreement accompanied by delivery of possession takes precedence over a registered sale deed executed solely to defeat the rights under the agreement. A person in possession under part-performance of a contract is entitled to protect such possession, even against the true owner. Karnataka High Court.

29-July-2025

Daksha Legal
Children born from a second void marriage are not entitled to seek an injunction against the children of the first marriage to prevent them from alienating joint family properties that have already been partitioned. Their rights, if any, are confined solely to the share of the property allotted exclusively to the father. Karnataka High Court.

29-July-2025

Daksha Legal
Motor Vehicles Act. Mere fact that a driver did not possess a driving licence cannot, by itself, lead to the conclusion that he contributed to the accident, especially when credible evidence clearly establishes that the rider of the other vehicle was solely at fault. Karnataka High Court.

29-July-2025

Daksha Legal

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