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  Criminal proceedings under the Domestic Violence Act against family members of the husband, such as parents-in-law and aunts, are liable to be quashed if the complaint does not contain specific allegations or claims for relief against them, and continuing such proceedings would constitute an abuse of the process of law. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Motor Vehicles accident. In cases of composite negligence, the claimant may sue both or any one of the joint tortfeasors to recover entire compensation or damages from any one of them as liability of joint tortfeasors is joint and several. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Enquiry into the constitution, working and financial condition of a co-operative society. Registrar continues to have supervisory power over the enquiry officer appointed by him as also have the right to reject the report submitted and direct fresh enquiry. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Doctrine of blending under the Hindu Law. Mere fact that other members of the family were allowed to use the property jointly or that the income of the separate property was utilized out of generosity does not constitute blending of properties. Supreme Court.

  • 24-April-2025
  • Daksha Legal
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  Giving false evidence or fabricating documents. Before initiating a complaint for offences affecting the administration of justice, Court must record a clear finding. The absence of an opinion to hold an enquiry renders the impugned direction procedurally unsustainable. Karnataka High Court.

  • 24-April-2025
  • Daksha Legal
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  Even if a wife is granted monetary relief under the PWDV Act, it does not prevent her from claiming maintenance under Section 125 of the Cr.P.C. When determining the quantum of maintenance, the court should consider the maintenance awarded in any previously instituted proceeding to avoid overlapping and conflicting orders. Karnataka High Court.

  • 23-April-2025
  • Daksha Legal
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  In a suit for partition of joint Hindu family property, the wife and children of a coparcener have an independent right to challenge a compromise decree that adversely affects their pre-existing rights in the ancestral property. Order VII Rule 11(d) of the CPC should not be used to reject a plaint in a partition suit at a preliminary stage when there are substantive rights of the parties that need to be adjudicated through a full trial. Karnataka High Court.

  • 23-April-2025
  • Daksha Legal
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  Negotiable Instruments Act. If the payee is a proprietary concern, the proprietor can file complaint while describing as a sole proprietor of proprietary concern. Karnataka High Court.

  • 23-April-2025
  • Daksha Legal
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  Criminal Law. In cases resting on circumstantial evidence, the absence of a complete and reliable chain of evidence linking the accused to the crime warrants acquittal. Karnataka High Court.

  • 23-April-2025
  • Daksha Legal
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  A compromise decree can only be challenged by filing a recall application in the same court, not by filing a fresh suit. Once the Court passes a compromise decree after a satisfaction, the decree cannot be challenged in an appeal as no appeal lies against a compromise decree. Supreme Court.

  • 23-April-2025
  • Daksha Legal
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  In a case where the husband has passed away and the daughter-in-law and grandchildren are residing separately, proceeding for maintenance against the father-in-law is untenable, especially when the father-in-law is aged. Karnataka High Court.

  • 22-April-2025
  • Daksha Legal
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  If the legal notice is not issued within 30 days from the date of receiving the dishonour intimation excluding the first day, the complaint under Section 138 of the Negotiable Instruments Act, 1881, is not maintainable and is liable to be dismissed. Karnataka High Court.

  • 22-April-2025
  • Daksha Legal