Election Tribunal has no power to grant interim order staying election of the returned candidate. Karnataka High Court.
Election Tribunal has no power to grant interim order staying election of the returned candidate. Karnataka High Court.
  • 20-November-2024
  • Daksha Legal
Judgement
Criminal Procedure Code. Section 482. Mere pendency of civil suit on the issue is not a ground to quash criminal proceedings when serious allegations are made in chargesheet. Karnataka High Court.
Criminal Procedure Code. Section 482. Mere pendency of civil suit on the issue is not a ground to quash criminal proceedings when serious allegations are made in chargesheet. Karnataka High Court.
  • 20-November-2024
  • Daksha Legal
Judgement
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
News
Advocates Act 1961. Advocate buying property under litigation from his client and selling at a higher price. He became part of the litigation. Such conduct is a clear professional misconduct. Supreme Court.
Advocates Act 1961. Advocate buying property under litigation from his client and selling at a higher price. He became part of the litigation. Such conduct is a clear professional misconduct. Supreme Court.
  • 20-November-2024
  • Daksha Legal
Judgement
Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court.
Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court.
  • 20-November-2024
  • Daksha Legal
Judgement
A person who has taken advantage or benefit of a provision of law, can not be permitted to raise a challenge to the very same provision under which the benefit was taken. Karnataka High Court.
A person who has taken advantage or benefit of a provision of law, can not be permitted to raise a challenge to the very same provision under which the benefit was taken. Karnataka High Court.
  • 20-November-2024
  • Daksha Legal
Judgement
Suit for specific performance. Limitation starts after quashing of acquisition proceedings at the instance of the purchaser. Supreme Court.
Suit for specific performance. Limitation starts after quashing of acquisition proceedings at the instance of the purchaser. Supreme Court.
  • 18-November-2024
  • Daksha Legal
Judgement
Proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act cannot be initiated to question/annul a partition deed. Karnataka High Court.
Proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act cannot be initiated to question/annul a partition deed. Karnataka High Court.
  • 19-November-2024
  • Daksha Legal
Judgement
Decree cancelling sale deed merely recognises plaintiff’s pre-existing rights over the property. Such a decree need not be registered under Section 17 of the Registration Act. Karnataka High Court.
Decree cancelling sale deed merely recognises plaintiff’s pre-existing rights over the property. Such a decree need not be registered under Section 17 of the Registration Act. Karnataka High Court.
  • 19-November-2024
  • Daksha Legal
Judgement

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Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article