Stamp duty must be levied solely based on the content of the sale deed and not inferred from extraneous factors. Indian law recognizes dual ownership of land and structures, and unless explicitly conveyed, built-up areas cannot be included in the valuation of a land sale deed. Karnataka High Court.
Stamp duty must be levied solely based on the content of the sale deed and not inferred from extraneous factors. Indian law recognizes dual ownership of land and structures, and unless explicitly conveyed, built-up areas cannot be included in the valuation of a land sale deed. Karnataka High Court.
  • 22-February-2025
  • Daksha Legal
Judgement
When a party secures a favorable order by providing an undertaking to the court but subsequently fails to comply with it, the court has the power under Order 47 Rule 1 CPC to review and recall its order, as non-compliance constitutes a sufficient reason for invoking the review jurisdiction. Karnataka High Court.
When a party secures a favorable order by providing an undertaking to the court but subsequently fails to comply with it, the court has the power under Order 47 Rule 1 CPC to review and recall its order, as non-compliance constitutes a sufficient reason for invoking the review jurisdiction. Karnataka High Court.
  • 21-February-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
A wife who is proven to be living in adultery or has voluntarily refused to live with her husband without sufficient cause is not entitled to maintenance under Sections 125 of the Criminal Procedure Code. Karnataka High Court.
A wife who is proven to be living in adultery or has voluntarily refused to live with her husband without sufficient cause is not entitled to maintenance under Sections 125 of the Criminal Procedure Code. Karnataka High Court.
  • 21-February-2025
  • Daksha Legal
Judgement
‘’State practising exploitation of human labour should by judicial orders, be curbed’’. Karnataka High Court orders regularisation of employees who worked for three decades without being regularised.
‘’State practising exploitation of human labour should by judicial orders, be curbed’’. Karnataka High Court orders regularisation of employees who worked for three decades without being regularised.
  • 22-February-2025
  • Daksha Legal
Judgement
Retailers or showroom owners cannot be prosecuted under the Insecticides Act, 1968, for selling a substandard product unless it is proven that they had knowledge of its defective nature or were responsible for its manufacture or quality control. Criminal liability under the Act requires mens rea, and prosecution should be limited to persons directly responsible for the product's quality and distribution. Karnataka High Court.
Retailers or showroom owners cannot be prosecuted under the Insecticides Act, 1968, for selling a substandard product unless it is proven that they had knowledge of its defective nature or were responsible for its manufacture or quality control. Criminal liability under the Act requires mens rea, and prosecution should be limited to persons directly responsible for the product's quality and distribution. Karnataka High Court.
  • 22-February-2025
  • Daksha Legal
Judgement
A relinquishment deed, being a compulsorily registerable document under Section 17 of the Registration Act, 1908, cannot be marked in evidence unless duly registered, as it directly affects ownership rights. Unregistered documents may only be considered for collateral purposes but cannot be relied upon to establish substantive property rights. Karnataka High Court.
A relinquishment deed, being a compulsorily registerable document under Section 17 of the Registration Act, 1908, cannot be marked in evidence unless duly registered, as it directly affects ownership rights. Unregistered documents may only be considered for collateral purposes but cannot be relied upon to establish substantive property rights. Karnataka High Court.
  • 21-February-2025
  • Daksha Legal
Judgement
Disciplinary proceeding initiated after inordinate and unexplained delay stands vitiated due to prejudice caused to the employee. Further, when multiple employees are involved in the same misconduct, the penalty imposed must be proportionate and maintain parity. Karnataka High Court.
Disciplinary proceeding initiated after inordinate and unexplained delay stands vitiated due to prejudice caused to the employee. Further, when multiple employees are involved in the same misconduct, the penalty imposed must be proportionate and maintain parity. Karnataka High Court.
  • 21-February-2025
  • Daksha Legal
Judgement
A premature filing under Section 11(5) of the Arbitration and Conciliation Act, 1996 does not render the petition invalid if the statutory period of 30 days has elapsed before adjudication. The purpose of this provision is to afford reasonable time to the opposing party, and if that time has passed without compliance, the court is empowered to appoint an arbitrator. Karnataka High Court.
A premature filing under Section 11(5) of the Arbitration and Conciliation Act, 1996 does not render the petition invalid if the statutory period of 30 days has elapsed before adjudication. The purpose of this provision is to afford reasonable time to the opposing party, and if that time has passed without compliance, the court is empowered to appoint an arbitrator. Karnataka High Court.
  • 21-February-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