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  Hindu Law. Once the factum of existence of legal necessity stands proved, no co-coparcener son has a right to challenge the sale of ancestral property made by the Karta of his family. Supreme Court.

  • 24-January-2025
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. While calculating ten days’ time to withdraw resignation to the office of Adhyaksha and Upadhyaksha, the date of submission of the resignation has to be excluded. Karnataka High Court.

  • 24-January-2025
  • Daksha Legal
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  A person who acquires an interest in the suit property during the pendency of the suit can seek to be impleaded at the appeal stage by invoking Section 146 of the CPC which provision should be interpreted broadly and liberally to promote justice. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
• 

  SARFAESI Act. Ousting of civil court’s jurisdiction under the Act extends even to proceedings initiated by non-borrower. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Service Law. Administrative exigency may justify employee transfers, as it's an inherent aspect of service. However, such transfers must comply with the statute and guidelines. Any violation is unacceptable and unsustainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Pursuant to the amendment introducing Rule 3A to Order 23 of the Civil Procedure Code, appeals against orders recording a compromise, as well as suits challenging the validity of a compromise, are no longer maintainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Upon receipt of an application under Order 41 Rule 27 of the CPC for acceptance of additional evidence, the appellate court is duty-bound to consider it on merits. Failure to do so renders the judgment unsustainable. Karnataka High Court.

  • 23-January-2025
  • Daksha Legal
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  Mines and Mineral (Regulations and Development) Act. Brick earth is a minor mineral. The State Government retains the authority to impose royalty, regardless of land ownership. Supreme Court.

  • 22-January-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. Land Tribunal has power to rectify and correct the extent of land in an order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Evidence led by one of the parties need not be binding on all other parties. Court can consider the veracity of the deposition if challenged by a party on tenable grounds. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Income Tax Act, 1961. Although there is no specific time limit to initiate penalty proceedings under 271-D, such proceedings are not immune to the principles of delay and laches, and undue delay can invalidate them. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal
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  Civil Procedure Code. A party can file a counterclaim until the stage of framing of issues, but the court's permission to do so cannot be granted thereafter. Karnataka High Court.

  • 22-January-2025
  • Daksha Legal