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Judgements
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
Criminal Law. Grant of leave to compound offence is neither automatic nor to be accepted mechanically by courts. Duty cast on court to look into the nature of offence and evidence to satisfy itself whether permission should be granted. Supreme Court
11-February-2021
Daksha Legal
Criminal Law. Sudden fight resulting in death due to septicaemia. Culpable homicide not amounting to murder and culpable homicide amounting to murder discussed. On facts act of accused falls under Exception 4 to Section 300. Supreme Court
11-February-2021
Daksha Legal
Suo Motu action regarding functioning of the Juvenile Justice Boards in the State. Karnataka High Court issues interim directions.
16-February-2021
Daksha Legal
Public Sector Banks lending huge loans without adequate securities is a matter of great concern. Law makers and Reserve Bank of India must re-visit the lending guidelines and take necessary remedial measures. Karnataka High Court
12-February-2021
Daksha Legal
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