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  A long-serving temporary employee working in a sanctioned vacant post cannot be denied regularization based on procedural technicalities, especially when barred from direct recruitment due to age restrictions. Arbitrary denial of regularization violates Articles 14 and 16 of the Constitution, and courts can issue mandamus to ensure fair employment practices. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal
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  Karnataka Gram Swaraj and Panchayat Raj Act. No confidence motion against Adhyaksha or Upadhyaksha. Notice to them can be issued even before the expiry of 10 days from the date of receipt of the requisition. However, the 15-day notice period for convening the meeting is mandatory. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal
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  Interpretation of Statute. An exemption, concession, or exception must be strictly construed, except where the statute’s context and purpose allow flexibility. If conditions are required for exemption, they must be met precisely, though minor noncompliance with directory provisions may be excused if it does not affect the essence of the exemption. Supreme Court.

  • 27-February-2025
  • Daksha Legal
• 

  Hindu Law. Limited right of widow prior to 1956 in the form of 'life estate' becomes absolute right after coming into force of the Hindu Succession Act. Karnataka High Court.

  • 25-February-2025
  • Daksha Legal
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  Rejection of Plaint. Adjudication of the plea of resjudicata requires consideration of the pleadings, issues and decisions in the previous suit. Plaint cannot be rejected under such circumstances. Karnataka High Court.

  • 25-February-2025
  • Daksha Legal
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  ‘’Legislation should be drafted in simple, concise language, supported by illustrative examples’’. Karnataka High Court emphasizes the need for regular amendments and clarifications to ensure that laws align with constitutional court judgments.

  • 24-February-2025
  • Daksha Legal
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  Specific performance. Lack of pleadings in a particular format cannot be a ground to deny specific performance of the agreement when the plaintiff exhibits blemishless conduct, readiness and willingness. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. Return of the cheque with endorsement ‘’Bank under liquidation as per the order of the Reserve Bank of India’’ does not attract the provisions of Section 138. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal
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  Legitimacy. A person recognized as a daughter in official records is presumed to be a biological child unless disproven by strong contrary evidence. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal
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  Insurance Act. Amended Section 39 does not override the law relating to succession. Beneficial nominees get the benefits only when the testamentary and non-testamentary heirs do not claim the benefits flowing from the insurance policy. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal
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  Stamp duty must be levied solely based on the content of the sale deed and not inferred from extraneous factors. Indian law recognizes dual ownership of land and structures, and unless explicitly conveyed, built-up areas cannot be included in the valuation of a land sale deed. Karnataka High Court.

  • 22-February-2025
  • Daksha Legal
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  When a party secures a favorable order by providing an undertaking to the court but subsequently fails to comply with it, the court has the power under Order 47 Rule 1 CPC to review and recall its order, as non-compliance constitutes a sufficient reason for invoking the review jurisdiction. Karnataka High Court.

  • 21-February-2025
  • Daksha Legal