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  A family court can stay matrimonial proceedings under Section 151 CPC if the petitioner-husband fails to pay maintenance arrears, even if awarded under Section 125 Cr.P.C., as the court has inherent power to prevent abuse of process and ensure compliance with its orders. Karnataka High Court.

  • 10-June-2025
  • Daksha Legal
• 

  Land acquisition proceedings are liable to be quashed when the acquired land remains an undeveloped ‘island’ surrounded by private developments, making the formation of a self-contained layout impossible, and such challenges are not barred by prior dismissals or delay, as the non-implementation of the scheme provides a fresh cause of action. Karnataka High Court.

  • 10-June-2025
  • Daksha Legal
• 

  Plaint cannot be rejected by relying on the defendant's plea of res judicata or by considering contentions beyond the averments made in the plaint itself. The existence of a factual dispute necessitates a full trial for proper adjudication, rather than a summary dismissal at the initial stage. Karnataka High Court.

  • 10-June-2025
  • Daksha Legal
• 

  Vehicle classification for toll collection is governed by the National Highways Act. The concessionaire can levy additional toll charges post facto when there's a mismatch between a vehicle's registration details and its FASTag declaration. Karnataka High Court.

  • 10-June-2025
  • Daksha Legal
• 

  Once land is acquired and possession is taken for public purposes, title vests with the State/Authority. Remedy available to the landowner is only under the land acquisition legislation and not by way of civil suit. Karnataka High Court.

  • 10-June-2025
  • Daksha Legal
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  Person who has been allotted land at a higher rate cannot seek for a reduced rate on change in the allotment price applicable to subsequent allottees, by invoking Article 14 of the Constitution of India. Karnataka High Court.

  • 09-June-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. Endorsement made by the bank while returning the cheque as ‘’account is closed’’ is akin to ‘’insufficient funds’’ attracting the penal provision under Section 138. Karnataka High Court.

  • 09-June-2025
  • Daksha Legal
• 

  Karnataka Grama Swaraj and Panchayat Raj Act. If a Grama Panchayat does not communicate its decision on an application for a building license or trade license within 60 days, the licenses are deemed to have been granted by operation of law. The authority cannot later invalidate the deemed approval. Karnataka High Court.

  • 09-June-2025
  • Daksha Legal
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  An interlocutory order which is a step in the procedure that leads to final decree, if had not been appealed against, can be a ground in the appeal arising out of the decree. Karnataka High Court.

  • 07-June-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. Magistrate, when directing interim compensation, must grant the statutory period of 60 days for payment. Granting a shorter initial period is a legal infirmity. Karnataka High Court.

  • 07-June-2025
  • Daksha Legal
• 

  A person who chooses not to participate in the tender process cannot subsequently claim the right to challenge the tender conditions or the process itself, as he lacks the necessary locus standi. Karnataka High Court.

  • 07-June-2025
  • Daksha Legal
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  Khatha transfer. Role of the Revenue authorities is limited to giving effect to recorded ownership for fiscal purposes, not adjudicating complex title disputes which fall within the exclusive purview of civil courts. Karnataka High Court.

  • 06-June-2025
  • Daksha Legal