An agreement of sale executed during a prohibitory or non-alienation period is barred by law and contrary to public policy, thereby attracting the bar under Section 23 of the Indian Contract Act. Consequently, a plaint filed to enforce such an agreement is liable to be rejected. Karnataka High Court.
An agreement of sale executed during a prohibitory or non-alienation period is barred by law and contrary to public policy, thereby attracting the bar under Section 23 of the Indian Contract Act. Consequently, a plaint filed to enforce such an agreement is liable to be rejected. Karnataka High Court.
  • 02-July-2025
  • Daksha Legal
Judgement
The compensation for injuries to minors in motor vehicle accidents should be calculated based on the minimum wages of a skilled workman and include future prospects, rather than relying on fixed notional income or disability percentages. Karnataka High Court.
The compensation for injuries to minors in motor vehicle accidents should be calculated based on the minimum wages of a skilled workman and include future prospects, rather than relying on fixed notional income or disability percentages. Karnataka High Court.
  • 02-July-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
Section 92 of CPC is a statutory safeguard protecting public charitable and religious trusts from frivolous litigation. Granting leave is a crucial step that activates the court's jurisdiction, and until then, the plaint remains legally ineffective. Karnataka High Court.
Section 92 of CPC is a statutory safeguard protecting public charitable and religious trusts from frivolous litigation. Granting leave is a crucial step that activates the court's jurisdiction, and until then, the plaint remains legally ineffective. Karnataka High Court.
  • 02-July-2025
  • Daksha Legal
Judgement
A caretaker or servant, even with long-term possession of a property, does not acquire any right or interest in that property and is obligated to vacate upon the owner's demand. The courts will not protect the possession of such a person against the true owner, especially when there is no valid rent, lease, or license agreement to support a claim of tenancy, and evidence suggests a caretaker arrangement. Karnataka High Court.
A caretaker or servant, even with long-term possession of a property, does not acquire any right or interest in that property and is obligated to vacate upon the owner's demand. The courts will not protect the possession of such a person against the true owner, especially when there is no valid rent, lease, or license agreement to support a claim of tenancy, and evidence suggests a caretaker arrangement. Karnataka High Court.
  • 02-July-2025
  • Daksha Legal
Judgement
Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.
Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.
  • 01-July-2025
  • Daksha Legal
Judgement
A daughter-in-law cannot be compelled to pay maintenance to her mother-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
A daughter-in-law cannot be compelled to pay maintenance to her mother-in-law under the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
  • 01-July-2025
  • Daksha Legal
Judgement
Town Planning. Fragment of a site/plot cannot be bifurcated and sold and even if sold without bifurcation, the same cannot be amalgamated with a neighbouring property to make such neighbouring property a bigger property. Karnataka High Court.
Town Planning. Fragment of a site/plot cannot be bifurcated and sold and even if sold without bifurcation, the same cannot be amalgamated with a neighbouring property to make such neighbouring property a bigger property. Karnataka High Court.
  • 01-July-2025
  • Daksha Legal
Judgement
Where multiple guardianship petitions concerning the same minor and parties are pending, a later-filed petition seeking identical relief should be stayed to prevent conflicting judgments, especially if the earlier case is at an advanced stage. Karnataka High Court.
Where multiple guardianship petitions concerning the same minor and parties are pending, a later-filed petition seeking identical relief should be stayed to prevent conflicting judgments, especially if the earlier case is at an advanced stage. Karnataka High Court.
  • 01-July-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