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Judgements
High Court can exceptionally exercise its writ jurisdiction to direct a statutory corporation to comply with an industrial award that has attained finality, including payment of withheld back wages. Compelling the workman to resort to the statutory remedy would be unfair given the specific circumstances and the imminent superannuation of the workman. Karnataka High Court.
28-July-2025
Daksha Legal
''While recording the accused's statement under Section 313 of the Code of Criminal Procedure, use simple language and translate it into the accused's language to ensure understanding''. Karnataka High Court cautions trial courts against using complex legal and medical terminology, emphasizing the need for clear and simple language.
28-July-2025
Daksha Legal
If a vendor refuses to register a sale deed that has already been executed, the appropriate remedy is to seek registration under the Registration Act. A suit for specific performance seeking such relief is not maintainable. Karnataka High Court.
28-July-2025
Daksha Legal
“Precious judical time already exhausted cannot be diverted further to revisit a closed chapter thus permitting litigation to become a platform for endless grievances.” Karnataka High Court imposes cost of Rs.1 lakh on the cantankerous litigant.
26-July-2025
Daksha Legal
An allotting authority cannot penalize an allottee for delays in contract execution that are a direct result of the authority's administrative inconsistencies, such as presenting altered terms without proper communication of policy changes. Karnataka High Court.
25-July-2025
Daksha Legal
Principle that a suit for bare injunction does not lie when title is seriously disputed is not an inflexible rule. A temporary injunction can be granted to protect established and lawful possession, even when title is disputed, if the possession is clearly evidenced and its disruption would cause irreparable harm. Karnataka High Court.
25-July-2025
Daksha Legal
A written statement, once filed, cannot be completely withdrawn or replaced, even if there are allegations of fraud concerning its initial filing. The appropriate legal recourse for a defendant seeking to introduce new facts, add paragraphs, or alter their defense after filing a written statement is to file an application for amendment. Karnataka High Court.
25-July-2025
Daksha Legal
POCSO Act. DNA evidence alone, though having evidentiary value under Section 45 of the Evidence Act, cannot establish guilt beyond reasonable doubt without corroborative testimony, especially when the prosecutrix denies the incident. Karnataka High Court.
25-July-2025
Daksha Legal
A plaint can be rejected at the threshold if, upon a meaningful reading, it is clear that the suit is barred by limitation, even when the question of limitation is generally considered a mixed question of law and fact. Karnataka High Court.
25-July-2025
Daksha Legal
The inherent jurisdiction of the High Court under Section 482 of the Criminal Procedure Code cannot be invoked by an accused to file a second petition for quashing a criminal complaint on grounds that were manifestly available and could have been raised in a prior quashing petition. Supreme Court.
25-July-2025
Daksha Legal
The burden to prove that a Will was properly executed, including the testator’s signature as required lies fully on the person who relies on the Will. While appellate court can adjust relief to account for later developments to ensure justice, it will not accept late efforts to bring in additional evidence unless it is backed by necessary foundational material. Karnataka High Court.
25-July-2025
Daksha Legal
The insurer is liable to pay the compensation awarded even with an expired driver's license but has the right to recover the amount from the vehicle owner. Karnataka High Court.
25-July-2025
Daksha Legal
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