• 

  Freedom Fighters pension. Care has to be taken to see that real freedom fighters do not suffer, at the same time, fictitious claims have to be sternly dealt with on merits. Karnataka High Court.

  • 09-December-2024
  • Daksha Legal
• 

  SARFAESI Act. In the event of an unsuccessful auction sale, if the borrower pays the entire outstanding amount, the Bank is bound to issue a clearance certificate and restore possession of the property to the borrower. Karnataka High Court.

  • 07-December-2024
  • Daksha Legal
• 

  Lok Adalat has no power to direct/recommend initiation of disciplinary action against a public servant. Karnataka High Court.

  • 07-December-2024
  • Daksha Legal
• 

  Application for pardon under Section 306 Cr.P.C cannot be considered once the trial has commenced and the matter is committed to the Court of Sessions/Special Court. Karnataka High Court.

  • 07-December-2024
  • Daksha Legal
• 

  SARFAESI Act. Failure by the auction purchaser to pay the amount due renders the sale null and void. Consequently, it becomes the authority's mandatory duty to re-auction the property. Karnataka High Court.

  • 06-December-2024
  • Daksha Legal
• 

  Limitation Act. Exclusion of time of proceeding bona fide in court without jurisdiction. Execution proceedings are civil proceedings and hence fall within Section 14. Supreme Court.

  • 06-December-2024
  • Daksha Legal
• 

  Land acquisition. Grant of a house site under the rehabilitation package shall be determined by ownership rights over the land, rather than actual cultivation of the land at the time of acquisition. Karnataka High Court.

  • 06-December-2024
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Additional evidence/documents can be produced in proceedings under Section 34, if the arbitration proceedings were initiated before the 2019 amendment. Karnataka High Court.

  • 06-December-2024
  • Daksha Legal
• 

  When service of notice cannot be effected on the defendant, the court cannot directly order paper publication and proceed to place the defendant ex-parte. Proper course of action is to first order the affixure of the summons, followed by publication. Karnataka High Court.

  • 06-December-2024
  • Daksha Legal
• 

  SARFAESI Act. The right of redemption can only be exercised prior to the execution of the sale deed in favor of the auction purchaser. Consequently, once the sale is complete and registered, the equity of redemption cannot be exercised. Supreme Court.

  • 05-December-2024
  • Daksha Legal
• 

  A statutory authority cannot forfeit deposit or part of the deposit made by the intending buyer due to failure to pay the full amount within the stipulated time, unless explicitly authorized by statute. Karnataka High Court.

  • 05-December-2024
  • Daksha Legal
• 

  Karnataka Village Offices Abolition Act. Watan property can be partitioned between the members of the family only after the re-grant is completed. Tahsildar has no power to partition the Watan properties while regranting. Karnataka High Court.

  • 05-December-2024
  • Daksha Legal