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.
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
Judgement
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.
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
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
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.
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
Judgement
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.
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
Judgement
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.
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
Judgement
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.
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
Judgement
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.
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
Judgement
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.
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
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