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  ‘’Application of mind that is necessary in law and not application of ink’’. Order sanctioning prosecution in non-cognizable offence must be preceded by application of mind by the Magistrate. Karnataka High Court reiterates.

  • 21-November-2024
  • Daksha Legal
• 

  Election Tribunal has no power to grant interim order staying election of the returned candidate. Karnataka High Court.

  • 20-November-2024
  • Daksha Legal
• 

  Criminal Procedure Code. Section 482. Mere pendency of civil suit on the issue is not a ground to quash criminal proceedings when serious allegations are made in chargesheet. Karnataka High Court.

  • 20-November-2024
  • Daksha Legal
• 

  Advocates Act 1961. Advocate buying property under litigation from his client and selling at a higher price. He became part of the litigation. Such conduct is a clear professional misconduct. Supreme Court.

  • 20-November-2024
  • Daksha Legal
• 

  Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court.

  • 20-November-2024
  • Daksha Legal
• 

  A person who has taken advantage or benefit of a provision of law, can not be permitted to raise a challenge to the very same provision under which the benefit was taken. Karnataka High Court.

  • 20-November-2024
  • Daksha Legal
• 

  Suit for specific performance. Limitation starts after quashing of acquisition proceedings at the instance of the purchaser. Supreme Court.

  • 18-November-2024
  • Daksha Legal
• 

  Proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act cannot be initiated to question/annul a partition deed. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Decree cancelling sale deed merely recognises plaintiff’s pre-existing rights over the property. Such a decree need not be registered under Section 17 of the Registration Act. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Rules. Grant of land ‘gunduthopu’ for usufructuary usage cannot be unilaterally cancelled and the land be re-allotted without following the procedure under the Rules. Karnataka High Court.

  • 19-November-2024
  • Daksha Legal
• 

  Appeals under the Karnataka Land Revenue Act seeking correction of entries cannot be kept pending for prolonged periods. Karnataka High Court directs speedy disposal of appeals.

  • 19-November-2024
  • Daksha Legal
• 

  Suit for declaration is necessary only when defendant’s denial of plaintiff’s title raises a cloud over the plaintiff’s tittle. A simple denial by a trespasser or interloper does not constitute raising a cloud over the title. Karnataka High Court.

  • 16-November-2024
  • Daksha Legal