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  Husband cannot be saddled with liability to pay maintenance under different maintenance laws. The court has to take into consideration the maintenance already awarded in the previous proceeding and grant an adjustment or set off of the said amount. Karnataka High Court.

  • 28-April-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. An arbitrator can decide whether a partnership firm is 'at will' which informs the application of Section 43 of the Partnership Act and whether a single partner has the authority to unilaterally dissolve the firm. Karnataka High Court.

  • 28-April-2025
  • Daksha Legal
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  Karnataka Co-operative Societies Act. Delegation once made by a co-operative society for the purposes of election of a union/federal society, can be changed subsequently on a board resolution being passed. Karnataka High Court.

  • 28-April-2025
  • Daksha Legal
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  An officer of the State being required to abide by the orders of Courts and Tribunals, if there is an order of such Court and Tribunal restraining the officer from performing any particular action, the non-performance thereof cannot be said to be a dereliction of duty. Karnataka High Court.

  • 28-April-2025
  • Daksha Legal
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  Grama Panchayat property tax. The determination of tax liability and entitlement to exemptions must be in accordance with the applicable rules at the time the tax is levied. Karnataka High Court.

  • 26-April-2025
  • Daksha Legal
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  Tender. Changes to tender conditions through a corrigendum are permissible as long as they are made before the tender is opened and all participants are informed. Such corrigendum is not inherently invalid if it is reasonable and applied uniformly to all bidders. Karnataka High Court.

  • 26-April-2025
  • Daksha Legal
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  Criminal Law. When a case relies heavily on a dying declaration, the court must meticulously examine its veracity, consistency, and the surrounding circumstances. If the dying declaration is inconsistent, appears doubtful, or is not adequately corroborated by other reliable evidence, and if the prosecution's case is marred by significant inconsistencies and procedural lapses, the accused is entitled to acquittal. Karnataka High Court.

  • 26-April-2025
  • Daksha Legal
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  Partition. Mere filing of ‘Vardi’ does not prove family arrangement. Prior partition must be supported by strong evidence. If no such arrangement is convincingly proven, the property of the deceased should be divided equally among the legal heirs. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Personal liberty. The mandate to furnish written grounds of arrest to an arrestee is a crucial safeguard of the arrestee's rights under Articles 21 and 22(1) of the Constitution. Non-compliance with this requirement vitiates the arrest and any subsequent remand order, even if the arrest occurred before the Pankaj Bansal ruling. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Suit for injunction. Unregistered sale agreements or MOUs, even if they involve payment of consideration and handing over of original title deeds, do not convey title since in disputes over vacant land, possession is presumed to follow title. Karnataka High Court.

  • 25-April-2025
  • Daksha Legal
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  Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed under Section 31. A non-executant need only to seek a declaration that the deed is invalid, or nonest, or illegal or that it is not binding on him. Supreme Court.

  • 25-April-2025
  • Daksha Legal
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  Sale of property in violation of injunction order. If the parties had no knowledge of the injunction order, the transaction cannot be declared void ab initio. Supreme Court.

  • 25-April-2025
  • Daksha Legal