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  The term 'irrevocable' in a GPA does not, by itself, make it irrevocable unless it is coupled with interest. Conversely, even without an explicit declaration of irrevocability, a GPA will be considered irrevocable if its contents indicate it is coupled with interest. Supreme Court.

  • 03-March-2025
  • Daksha Legal
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  Temporary employees performing the same duties as regular employees are entitled to equal pay. Prolonged engagement at exploitative wages violates Article 23, and courts can mandate compensation equivalent to the minimum prescribed salary. Karnataka High Court.

  • 03-March-2025
  • Daksha Legal
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  Commercial Courts Act. A dispute arising under an agreement relating to immovable property which is used exclusively for the purposes of running an educational institution would not come within the sweep of a commercial dispute. Karnataka High Court.

  • 01-March-2025
  • Daksha Legal
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  Magistrate’s Court has no jurisdiction to try offences under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, as per Section 32(2) of the Act. Such cases must be committed to the Sessions Court, and failure to do so renders the entire trial and conviction void. Karnataka High Court.

  • 01-March-2025
  • Daksha Legal
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  A General Power of Attorney does not confer ownership and cannot replace a registered sale deed. Any sale by a GPA holder after the principal’s death is void unless coupled with interest under Section 202 of the Contract Act. Supreme Court.

  • 01-March-2025
  • Daksha Legal
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  Civil Procedure Code. Order XIV Rule 5. A party cannot seek to strike off an issue framed in a suit when the same party had asserted that fact in the pleadings. An issue based on the defendant's own assertion cannot be struck off merely because another forum ruled against him on that point. Karnataka High Court.

  • 28-February-2025
  • Daksha Legal
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  Criminal Law. A conviction under Section 302 IPC can be upheld without an independent eyewitness if res gestae witnesses, forensic evidence, and motive prove guilt beyond a reasonable doubt. Testimony from the deceased's family cannot be dismissed for bias, and minor contradictions or hostile witnesses do not weaken a well-supported prosecution case. Karnataka High Court.

  • 28-February-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Remand of matter at the appellate stage on receipt of additional evidence under Orde 41 Rule 27 applies even to arbitration appeal under Section 37 against the order under Section 34 of the Act. Karnataka High Court.

  • 28-February-2025
  • Daksha Legal
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  Evidence Act. Presumption as to documents thirty years old under Section 90 does not apply to Wills which require to be proved strictly in accordance with Section 68 of the Act. Karnataka High Court.

  • 28-February-2025
  • Daksha Legal
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  Reservation of land under the planning enactments for public purpose lapses if the land not acquired within the stipulated period. Once the reservation lapses, the land is free for development, and planning authorities cannot impose restrictions on its use indefinitely. Supreme Court.

  • 28-February-2025
  • Daksha Legal
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  The 45-day limitation period under Section 17(1) of the SARFAESI Act is mandatory and cannot be extended. The DRT lacks the power to condone delay, and courts cannot intervene to relax statutory time limits based on equitable considerations. Karnataka High Court.

  • 26-February-2025
  • Daksha Legal
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  A suit seeking a declaration regarding matrimonial status, whether affirmative or negative, falls within the exclusive jurisdiction of the Family Court under Section 7(1)(b) of the Family Courts Act, 1984. The nature of relief sought does not affect maintainability, and Civil Courts are barred from entertaining such suits. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal