Judgements

The limitation period for instituting probate proceedings for a Will is three years, as per the residuary provision of the Limitation Act, subject to specified exceptions. Karnataka High Court.

• 21-December-2024
• Daksha Legal

Arbitration and Conciliation Act. Application for referring the dispute to arbitration under Section 8 cannot be filed after the expiry of the outer limit to file the written statement. Karnataka High Court.

• 21-December-2024
• Daksha Legal

The Indian Succession Act, 1925, governs the succession of property owned by an Indian Christian, even if the beneficiary is a non-Indian national. There is no legal bar to a foreign national inheriting property in India. Supreme Court.

• 20-December-2024
• Daksha Legal

Executant of the Will having been admitted to ICU and dying within short span of time. Mere certificate of the doctor cannot prove the physical and mental competence of the executant. Karnataka High Court.

• 20-December-2024
• Daksha Legal

Order 21 Rule 99 CPC. Detailed enquiry into the inter-se rights of the third party and the decree holder is necessary only when the third party has a subsisting right title or interest in the subject matter of the execution proceedings. Karnataka High Court.

• 20-December-2024
• Daksha Legal

Constructive Resjudicata under Order II Rule 2 CPC. A prior suit for eviction and rent arrears does not preclude the filing of a fresh suit seeking damages for use of the premises following termination of the tenancy. Karnataka High Court.

• 20-December-2024
• Daksha Legal

Change of khata in respect of a purchased site cannot be refused on the ground that the original layout is unauthorised and illegal or that the site falls within the park or other civic area. Karnataka High Court.

• 20-December-2024
• Daksha Legal

Juvenile Justice (Care and Protection of Children) Act. Adoption of child born to minor rape victim. Consent of rape-accused biological father cannot be insisted for adoption of the child. Karnataka High Court.

• 20-December-2024
• Daksha Legal

Pardon. Application under Section 306 of the Cr.P.C. is akin to seeking enlargement on bail, where a second application would be maintainable, but only on changed circumstances. Karnataka High Court.

• 19-December-2024
• Daksha Legal

Issuance of Hakkupatras by the Government in respect of private property and change of revenue entry amount to deemed acquisition. Landowner is entitled for payment of suitable compensation. Karnataka High Court.

• 19-December-2024
• Daksha Legal

Mere compliance with legal formalities does not necessarily prove the valid execution of a Will. The propounder must also dispel any suspicious circumstances surrounding the Will. Karnataka High Court.

• 19-December-2024
• Daksha Legal

Foreign Contribution (Regulation) Act. Against rejection of an application for renewal of licence, appeal to High Court under 31(2) is not maintainable having regard to the revision provided under Section 32 of the Act. Karnataka High Court.

• 19-December-2024
• Daksha Legal

When an offence is punishable up to ten years, the threshold punishment being less than ten years, the police custody can only be for forty days. Section 187 of BNSS in comparison to Section 167 of the Cr.P.C. has not brought any changes. Karnataka High Court.

• 19-December-2024
• Daksha Legal

Jurisdiction of the High Court while deciding the election petition under the Representation of Peoples Act encompasses questions related to the caste of a returned candidate, regardless of any State enactment. Karnataka High Court.

• 18-December-2024
• Daksha Legal

Notice under Section 106 of the Transfer of Property Act is not necessary to file a suit for eviction in case the tenure of the lease has come to an end by efflux of time. Karnataka High Court.

• 18-December-2024
• Daksha Legal

Land Acquisition Act, 1894. Limitation to apply for reference commences only after the landowner receives notice with copy of the award. Supreme Court.

• 18-December-2024
• Daksha Legal

Statement of a victim who is temporarily or permanently mentally or physically disabled can be recorded only with the assistance of an interpreter or a special educator. Statement recorded to the contrary cannot be considered as statement in lieu of examination-in-chief. Karnataka High Court.

• 18-December-2024
• Daksha Legal

Statutory performance of obligation by the Corporation under the BBMP Act cannot be questioned in a civil suit since it is only the writ court which can exercise jurisdiction in those matters. Karnataka High Court.

• 18-December-2024
• Daksha Legal

When the scheme formulated under the Karnataka Urban Development Authorities Act to form residential layout is lapsed, the Authority cannot refuse sanction of residential layout plan submitted by the landowners. Karnataka High Court.

• 16-December-2024
• Daksha Legal

Central Goods and Services Tax Act. When the initial action of search and seizure conducted by an improper officer is illegal, all further actions undertaken are also rendered illegal and unenforceable. Karnataka High Court.

• 17-December-2024
• Daksha Legal

A coparcener with no son or daughter can dispose ancestral property inherited by him without any legal necessity since the property at his hands becomes self-acquired property. Birth of a son or daughter revives coparcnery system. Karnataka High Court.

• 17-December-2024
• Daksha Legal

Constructive Resjudicata. To invoke Order II Rule 2 CPC and to reject the plaint, there should be intentional relinquishment of claim in the earlier suit. Karnataka High Court.

• 17-December-2024
• Daksha Legal

Laissez Faire Theory is replaced by the theory of the Welfare State. Provisions dealing with victim compensation require liberal interpretation. Karnataka High Court.

• 16-December-2024
• Daksha Legal

An officer in-charge of a superior post is empowered to perform all functions, including statutory powers, and not merely routine administrative tasks. ARCS in charge of DRCS post can exercise all powers under the Karnataka Co-operative Societies Act. Karnataka High Court.

• 16-December-2024
• Daksha Legal

Persons in identical situations with the same statutory rights can seek relief from the statutory authority, regardless of whether they have approached the constitutional courts for directions along with others. Karnataka High Court.

• 16-December-2024
• Daksha Legal

If a party breaches a compromise decree passed under Order 23, Rule 3 of the Code of Civil Procedure, the affected party can apply for revival of the original proceedings, allowing the matter to be decided on its merits. Supreme Court.

• 17-December-2024
• Daksha Legal

Prior notice under the Karnataka Panchayat Act is not necessary for institution of suit for perpetual injunction under Section 38 of Specific Relief Act. Karnataka High Court.

• 16-December-2024
• Daksha Legal

Land acquisition. Relying on compensation rates from earlier acquisitions may be reasonable for short time gaps, but becomes increasingly unreliable and unsafe as the time gap widens. Supreme Court.

• 16-December-2024
• Daksha Legal

Tahsildar has no power to take action in case of violation of the building plan or sanction since the power is vested only with the authorities under the Karnataka Municipalities Act. Karnataka High Court.

• 14-December-2024
• Daksha Legal

There is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice. Where the impugned action is patently illegal or affects fundamental rights, the delay must be condoned. Supreme Court.

• 14-December-2024
• Daksha Legal

Partition. Court cannot appoint an advocate for the purpose of division of the property. Division of property can be done either by a Collector or any Gazetted subordinate of the Collector deputed by him. Karnataka High Court.

• 13-December-2024
• Daksha Legal

Transfer of Property Act. A gift conditioned upon perpetual rendering of services to donors without any remuneration amounts to forced labour or slavery, violating the donee's fundamental rights. Such a condition is illegal and unconstitutional. Supreme Court.

• 13-December-2024
• Daksha Legal

Interplay between sub-section (1) and (2) of Section 14 of the Hindu Succession Act. Supreme Court refers the issue to a larger bench.

• 13-December-2024
• Daksha Legal

Order passed on an application under Order XXI Rule 90 read with Section 47 of the Code of Civil Procedure operates as res judicata thereby barring a subsequent suit for declaration and possession. Supreme Court.

• 13-December-2024
• Daksha Legal

Urban Land (Ceiling and Regulation) Act. When lawful possession was not taken under Section 10(5) and 10(6) of the Act, the landowners can seek restoration of the excess land. Karnataka High Court.

• 13-December-2024
• Daksha Legal

‘’No women in Bharatha would leave voluntarily matrimonial home of husband’’. Non-compliance of decree of restitution of conjugal rights cannot be a ground for not granting maintenance under section 125(4) of Cr.P.C. Karnataka High Court.

• 12-December-2024
• Daksha Legal

Karnataka Co-operative Societies Act. Registrar has no power to pass interlocutory order attaching the properties, freezing the Bank Account, injuncting the Society from selling the property without any pending proceeding against the Co-operative Society. Karnataka High Court.

• 12-December-2024
• Daksha Legal

Service Law. Deemed suspension of an employee would continue even after his detention comes to an end by virtue of enlargement on bail or otherwise till after the competent authority issues a formal order revoking the suspension. Karnataka High Court.

• 12-December-2024
• Daksha Legal

The provisions for compensation under the Railways Act are to be construed broadly and liberally. Passenger with valid ticket travelling beyond his destiny cannot be ground to discard the claim. Karnataka High Court.

• 12-December-2024
• Daksha Legal

Usage of a portion of residential building for non-residential activities cannot be a reason to cancel allotment of house site especially when the site falls within municipal corporation area. Karnataka High Court.

• 12-December-2024
• Daksha Legal

Pardon. Co-accused has a right to question the order granting pardon under Section 306 of the Cr.P.C., only insofar as it pertains to procedural aberration and not on its merits. Karnataka High Court.

• 11-December-2024
• Daksha Legal

Family Courts Act. Suit for declaration regarding marital status between two ladies claiming to be the legally wedded wife of a certain person falls within the jurisdiction of the family court and not the civil court. Karnataka High Court.

• 11-December-2024
• Daksha Legal

Hindu Succession Act. Partition of ancestral properties prior to 2004 amendment does not affect rights of daughters in the ancestral property notionally allotted to the father. Karnataka High Court.

• 10-December-2024
• Daksha Legal

Karnataka Agricultural Produce Marketing (Regulation) Act. Purchase of food grains exclusively for personal use in the poultry farm, not for trade, does not require license under the Act.

• 10-December-2024
• Daksha Legal

Karnataka Co-Operative Societies Act. Certificate of award issued by the Registrar or his authorized representative is equivalent to a decree of a Civil Court and may be executed before the Civil Court accordingly. Karnataka High Court.

• 10-December-2024
• Daksha Legal

UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act. Eviction pursuant to tenant or family members acquiring building. The provision applies even when the family members resided separately at the time of such acquisition. Supreme Court.

• 10-December-2024
• Daksha Legal

Karnataka High Court directs the State Government to devise a mechanism to conduct phodi, durasti and hudbast in respect of granted lands and the lands alienated by any person.

• 10-December-2024
• Daksha Legal

When brothers partition ancestral property, it continues as ancestral property. Son/daughter born after the partition will automatically acquire rights by birth. Karnataka High Court.

• 09-December-2024
• Daksha Legal

Lok Adalats have no adjudicatory or judicial functions since their functions relate purely to conciliation. Karnataka High Court.

• 09-December-2024
• Daksha Legal

A statute's meaning is best understood by considering its purpose and context. Viewing the law through the lens of its creators and the circumstances surrounding its enactment can reveal nuances and clarify its intended meaning. Supreme Court.

• 09-December-2024
• Daksha Legal

Contract Act. When fixed deposits are offered as collateral security towards loan, Bank can exercise its general lien over the fixed deposits. Karnataka High Court.

• 09-December-2024
• Daksha Legal

Freedom Fighters pension. Care has to be taken to see that real freedom fighters do not suffer, at the same time, fictitious claims have to be sternly dealt with on merits. Karnataka High Court.

• 09-December-2024
• Daksha Legal

SARFAESI Act. In the event of an unsuccessful auction sale, if the borrower pays the entire outstanding amount, the Bank is bound to issue a clearance certificate and restore possession of the property to the borrower. Karnataka High Court.

• 07-December-2024
• Daksha Legal

Lok Adalat has no power to direct/recommend initiation of disciplinary action against a public servant. Karnataka High Court.

• 07-December-2024
• Daksha Legal

Application for pardon under Section 306 Cr.P.C cannot be considered once the trial has commenced and the matter is committed to the Court of Sessions/Special Court. Karnataka High Court.

• 07-December-2024
• Daksha Legal

SARFAESI Act. Failure by the auction purchaser to pay the amount due renders the sale null and void. Consequently, it becomes the authority's mandatory duty to re-auction the property. Karnataka High Court.

• 06-December-2024
• Daksha Legal

Limitation Act. Exclusion of time of proceeding bona fide in court without jurisdiction. Execution proceedings are civil proceedings and hence fall within Section 14. Supreme Court.

• 06-December-2024
• Daksha Legal

Land acquisition. Grant of a house site under the rehabilitation package shall be determined by ownership rights over the land, rather than actual cultivation of the land at the time of acquisition. Karnataka High Court.

• 06-December-2024
• Daksha Legal

Arbitration and Conciliation Act. Additional evidence/documents can be produced in proceedings under Section 34, if the arbitration proceedings were initiated before the 2019 amendment. Karnataka High Court.

• 06-December-2024
• Daksha Legal

When service of notice cannot be effected on the defendant, the court cannot directly order paper publication and proceed to place the defendant ex-parte. Proper course of action is to first order the affixure of the summons, followed by publication. Karnataka High Court.

• 06-December-2024
• Daksha Legal

SARFAESI Act. The right of redemption can only be exercised prior to the execution of the sale deed in favor of the auction purchaser. Consequently, once the sale is complete and registered, the equity of redemption cannot be exercised. Supreme Court.

• 05-December-2024
• Daksha Legal

A statutory authority cannot forfeit deposit or part of the deposit made by the intending buyer due to failure to pay the full amount within the stipulated time, unless explicitly authorized by statute. Karnataka High Court.

• 05-December-2024
• Daksha Legal

Karnataka Village Offices Abolition Act. Watan property can be partitioned between the members of the family only after the re-grant is completed. Tahsildar has no power to partition the Watan properties while regranting. Karnataka High Court.

• 05-December-2024
• Daksha Legal

Will. Karnataka High Court recommends making a legal provision to enable recording of statements of testator and attesting witnesses during their lifetime, either before the Sub-Registrar or the Court, to avoid prolonged litigation.

• 05-December-2024
• Daksha Legal

Tender. The bidder has no right in the matter of bid except of fair treatment and cannot insist for further negotiation. Supreme Court.

• 05-December-2024
• Daksha Legal

‘’Complainant projects a huge hocus-pocus, but alas, he has no locus’’. Karnataka High Court quashes criminal proceedings against Naleen Kumar Kateel in the alleged ‘’Extortion by Electoral Bonds’’ case.

• 03-December-2024
• Daksha Legal

Cybercrimes and online frauds have completely changed the conventional acts of robbery and dacoity. Courts should exercise caution when considering the quashing of such criminal cases and should allow a proper trial to take place. Karnataka High Court.

• 04-December-2024
• Daksha Legal

Land acquisition of small extent of land. Deduction of higher percentage for development charges is not proper. Supreme Court orders reduces deduction from 67.5 percent to 30 percent.

• 04-December-2024
• Daksha Legal

Revocation of Probate. Persons seeking to revoke the grant or probate or letters of administration must prove that they have an interest in the estate of the deceased sufficient to entitle them to a locus standi in Court. Karnataka High Court.

• 04-December-2024
• Daksha Legal

Contempt of Court. Apology not being an act of penitence, contrition or regret but tendered as a tactful move when the contemnor is in the right corner and with a view to ward off the Court, cannot be accepted. Karnataka High Court.

• 04-December-2024
• Daksha Legal

Karnataka Control of Organised Crime Act. Service of grounds of arrest on the accused immediately after his arrest would be sufficient compliance under Section 50(1) of Cr.PC and Article 22(1) of the Constitution of India. Karnataka High Court.

• 03-December-2024
• Daksha Legal

Joint family among Mohammedans. When managing member of family acquires property, other family members can benefit from the acquisition if they can prove their contribution. Karnataka High Court.

• 03-December-2024
• Daksha Legal

Constitution of India. In the absence of legislative sanction, the State Government, in exercise of its executive powers under Article 162, cannot levy and collect penalty, merely by issuing a notification. Karnataka High Court.

• 03-December-2024
• Daksha Legal

Although Mohammedan law does not recognize joint family concept, it is still possible for individuals from the Mohammedan community to live together as a joint family unit or co-own properties. Karnataka High Court.

• 03-December-2024
• Daksha Legal

Planning Authority has no power to impose penalty for delayed development of the layout project, beyond the time granted for completion of the project, in the absence of legislative sanction. Karnataka High Court.

• 02-December-2024
• Daksha Legal

National Green Tribunal cannot impose environment compensation without following the principles of natural justice and without affording an opportunity to the persons/entity to defend. Karnataka High Court.

• 02-December-2024
• Daksha Legal

When a tenant denies ownership of landlord, such tenant must vacate the premises and then establish his right or the contra title over the suit property and then take back possession of the property. Karnataka High Court.

• 02-December-2024
• Daksha Legal

Auction purchaser cannot be asked to pay interest on the sale amount when the delay in execution of the sale deed is solely attributable to the vendor authority. Karnataka High Court.

• 01-December-2024
• Daksha Legal

Adoption. Rights vested in a member of an adoptive family prior to adoption are not divested by the adoption. Similarly, a child's pre-existing rights in his birth family remain intact even after adoption. Karnataka High Court.

• 02-December-2024
• Daksha Legal

Information of grounds of arrest under Section 50 of the Cr.P.C., must be followed and must be indicated to every accused who is to be arrested even for the offences under the Indian Penal Code. Karnataka High Court.

• 30-November-2024
• Daksha Legal

Criminal appeal. When appellant’s counsel is absent, the appeal cannot be dismissed for default. The court must reassess the judgment on merits or provide legal assistance to the appellant. Karnataka High Court.

• 30-November-2024
• Daksha Legal

Hindu Succession Act, 1956. When propositus dies prior to 1956 leaving ancestral properties, the entire ancestral properties vest in surviving male coparceners excluding the daughters. Karnataka High Court.

• 29-November-2024
• Daksha Legal

Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.

• 29-November-2024
• Daksha Legal

Commercial transaction. Imposition of an exorbitant interest in the background of contemporary commercial practices cannot be branded as against public policy or against the fundamental policy of Indian Law. Delhi High Court.

• 29-November-2024
• Daksha Legal

Memo for withdrawal of a case does not require signature of the litigant since the Advocate is fully authorised to take action on behalf of the clients in the vakalat itself. Nevertheless, it is prudent for advocates to obtain written instructions from their clients prior to withdrawing the case. Karnataka High Court.

• 29-November-2024
• Daksha Legal

Adoption relating back. Position before 1956. An adopted son could inherit his adoptive father's property, even if his mother had inherited it after his father's death. This would override the mother's claim to the property. Karnataka High Court.

• 27-November-2024
• Daksha Legal

Notwithstanding its classification as agricultural land in official records, the market value of land situated within the municipal limits of a city corporation shall be taken into account for the purpose of determining court fees. Karnataka High Court.

• 28-November-2024
• Daksha Legal

Prolonged and illegal delay of 17 years in executing sale deed in favour of auction purchaser. Karnataka High Court directs Urban Development Authority to pay ground rent towards deprivation of usage of the property.

• 29-November-2024
• Daksha Legal

N.I. Act. When an accused challenges complainant's financial capacity in support of a potential defense, the complainant must provide evidence to prove his financial capacity, despite the presumption under Section 139. Karnataka High Court.

• 28-November-2024
• Daksha Legal

Land acquisition. Landowners covered by the RFCTLARR Act 2013 and landowners covered by the National Highways Act are entitled to the same amount of compensation fixed under the RFCTLARR Act 2013. Karnataka High Court.

• 28-November-2024
• Daksha Legal

Defamation. Section 19 CPC. Suit can be filed in the Court within whose jurisdiction the defamatory content is disseminated or sold, regardless of the defendant's place of residence or business. Karnataka High Court.

• 28-November-2024
• Daksha Legal

Arbitration and Conciliation Act. For ‘sufficient cause’, Court has the power and jurisdiction to extend the mandate of the Arbitral Tribunal under Section 29A(4). Supreme Court.

• 27-November-2024
• Daksha Legal

Hindu Succession Act. The bar under Section 6 of the Hindu Succession Act, 1956 to claim equal share in the ancestral properties sold or partitioned before 2004, is not applicable to self-acquired properties of the propositus. Karnataka High Court.

• 27-November-2024
• Daksha Legal

Dismissal of the complaint under Section 138 N.I.Act for default amounts to acquittal Section 256(1) of Cr.P.C. Appeal is maintainable under Section 378(4) Cr.P.C. Karnataka High Court.

• 27-November-2024
• Daksha Legal

Bail in cases involving PMLA. Prolonged confinement by itself is not a ground to grant bail when the offences alleged are extremely serious involving public money. Karnataka High Court.

• 27-November-2024
• Daksha Legal

Criminal Law. Framing a charge or discharging an accused must be based on the case record, including documents. Revisional power should only correct clear errors of law or procedure that would cause injustice if left uncorrected. Karnataka High Court.

• 27-November-2024
• Daksha Legal

Wife and children of the plaintiff, who contested against the plaintiff in the suit, cannot come on record as his legal representatives in the suit/appeal due to conflict of interest. Karnataka High Court.

• 26-November-2024
• Daksha Legal

Suit for specific performance. Even if readiness and willingness is yet to be established, the fact that plaintiff can claim refund of the advance amount paid is a relevant factor in granting an injunction to prevent alienation of the property. Karnataka High Court.

• 26-November-2024
• Daksha Legal

In a suit for money recovery, Order 39 Rules 1 and 2 CPC cannot be used to restrain the defendant from transferring immovable property. Proper remedy is to seek attachment under Order 38 Rule 5 CPC. Karnataka High Court.

• 25-November-2024
• Daksha Legal

Marumakkathayam law. A single female's ownership of property, acquired at the time of partition, remains unaffected even if she has children in the future. Supreme Court.

• 26-November-2024
• Daksha Legal

Rules framed by the Karnataka State Bar Council prevail over the Resolutions and previous practices to the contrary. Karnataka High Court.

• 26-November-2024
• Daksha Legal

Service Law. ‘’It is the prerogative of the employer to deploy his staff suitable to the requirement of work/place unless the conditions of service otherwise provide’’. Employees cannot sit in self-judgment as to the validity of transfer order and disobey the same with impunity. Karnataka High Court.

• 25-November-2024
• Daksha Legal

Rejection of plaint in partition suit. Mere assertion in the written statement about prior partition cannot be a ground to reject the plaint without recording evidence to ascertain the prior partition. Karnataka High Court.

• 25-November-2024
• Daksha Legal

When application under Section 17 of SARFAESI Act is disposed of as infructuous due to a settlement between the borrower and bank, the applicant is entitled for refund of the court fee. Karnataka High Court.

• 25-November-2024
• Daksha Legal

‘’You played with lives of poor home buyers.’’. Karnataka High Court rejects challenge to criminal proceedings against developers who received huge advance amounts and failed to honor the commitment.

• 25-November-2024
• Daksha Legal

‘’Proceedings before the Lok-Adalat are also sacrosanct and all parties are required to approach the Lok-Adalat with clean hands with full disclosure’’. Karnataka High Court cancels fraudulent compromise entered before the Lok-Adalat.

• 25-November-2024
• Daksha Legal

Prosecution of a public servant by Police Wing of the Lokayukta and departmental inquiry by Administrative and Inquiry wings of the Lokayukta results in ‘inevitable bias’. Karnataka High Court strikes down KEB Regulation as manifestly arbitrary.

• 23-November-2024
• Daksha Legal

Karnataka Land Reforms Act. While considering the application for occupancy rights under Section 77A, the Deputy Commissioner cannot order vesting of the land with the Government by treating the land to be excess holding. Karnataka High Court.

• 23-November-2024
• Daksha Legal

Arbitration and Conciliation Act. Interim measure granted under Section 9 gets automatically vacated if the arbitral proceedings are not commenced within 90 days from the date of such order. Karnataka High Court.

• 23-November-2024
• Daksha Legal

Motor Vehicles Act. In case of comprehensive insurance policy, personal accident coverage is applicable even to the borrower of the vehicle. Karnataka High Court.

• 22-November-2024
• Daksha Legal

Karnataka Land Grant Rules. Mortgage to a Co-operative Bank is not an alienation. Mortgagee is entitled to sell the property while enforcing the mortgage even within the prohibited period. Karnataka High Court.

• 22-November-2024
• Daksha Legal

Maintenance and Welfare of Parents and Senior Citizens Act. Bank, to which property is mortgaged, can file Writ Petition questioning the order cancelling the gift deed in favour of the borrower, to enforce the security interest. Karnataka High Court.

• 22-November-2024
• Daksha Legal

Negotiable Instruments Act. Partners who have retired from the partnership firm before the issuance of the cheque cannot be prosecuted for an offence punishable under Section 138 unless their involvement even after the retirement is shown. Karnataka High Court.

• 21-November-2024
• Daksha Legal

Karnataka SC/ST (PTCL) Act. Grantee’s failure to purchase alternate land, after obtaining permission from the Deputy Commissioner to alienate, cannot be a ground to cancel sale of granted land. Karnataka High Court.

• 21-November-2024
• Daksha Legal

Karnataka SC/ST (PTCL) Act. Deputy Commissioner cannot impose condition requiring grantee to purchase alternate land from out of the sale proceeds while granting permission to alienate granted land. Karnataka High Court.

• 21-November-2024
• Daksha Legal

‘Consideration need not always be monetary’. Settlement deed requiring transferee to care for transferors and do charity as a consideration is valid in law. Supreme Court.

• 21-November-2024
• Daksha Legal

After the commencement of the Hindu Succession Act, undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30. Karnataka High Court examines the position prior to and after the Act.

• 21-November-2024
• Daksha Legal

‘’Application of mind that is necessary in law and not application of ink’’. Order sanctioning prosecution in non-cognizable offence must be preceded by application of mind by the Magistrate. Karnataka High Court reiterates.

• 21-November-2024
• Daksha Legal

Election Tribunal has no power to grant interim order staying election of the returned candidate. Karnataka High Court.

• 20-November-2024
• Daksha Legal

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

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

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

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

Suit for specific performance. Limitation starts after quashing of acquisition proceedings at the instance of the purchaser. Supreme Court.

• 18-November-2024
• Daksha Legal

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

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

Karnataka Land Revenue Rules. Grant of land ‘gunduthopu’ for usufructuary usage cannot be unilaterally cancelled and the land be re-allotted without following the procedure under the Rules. Karnataka High Court.

• 19-November-2024
• Daksha Legal

Appeals under the Karnataka Land Revenue Act seeking correction of entries cannot be kept pending for prolonged periods. Karnataka High Court directs speedy disposal of appeals.

• 19-November-2024
• Daksha Legal

Suit for declaration is necessary only when defendant’s denial of plaintiff’s title raises a cloud over the plaintiff’s tittle. A simple denial by a trespasser or interloper does not constitute raising a cloud over the title. Karnataka High Court.

• 16-November-2024
• Daksha Legal

Karnataka Land Revenue Act. When forfeited land is restored after payment of land revenue, it does not amount to fresh grant. It only reverts back to original position. Karnataka High Court.

• 15-November-2024
• Daksha Legal

Private complaint without affidavit for having approached the Police at the first instance cannot be referred for investigation by the Magistrate. Mere postal receipt for having sent the complaint to higher authorities is not sufficient. Karnataka High Court.

• 16-November-2024
• Daksha Legal

Mere breach of promise to marry is different from false promise to marry. Consensual sex in the first case cannot be called rape. Sexual relation with false promise, given in bad faith and with no intention of being adhered to at the time it was given amounts to rape. Karnataka High Court.

• 22-November-2024
• Daksha Legal

‘’Once a Waqf is always a Waqf’’ phrase cannot be used to justify adding properties to the Waqf list that were previously excluded. Karnataka High Court.

• 15-November-2024
• Daksha Legal

Where a person is a party to the document and seeks relief regarding the said document, he must pay court fee on the value of the subject-matter. Clever drafting cannot be used to avoid court fee. Karnataka High Court.

• 15-November-2024
• Daksha Legal

A second suit for declaration, filed beyond the limitation period, is not maintainable when the plaintiff failed to amend the plaint in the first injunction suit, where the defendant disputed plaintiff’s title. Karnataka High Court.

• 15-November-2024
• Daksha Legal

Banking Companies (Acquisition and Transfer of Undertakings) Act. Power of the Reserve Bank of India to give directions does not empower banks to seek entrustment of investigation in any crime, to the hands of any particular agency like CBI. Karnataka High Court.

• 15-November-2024
• Daksha Legal

Election to cooperative society. If rejection of nomination paper is per se illegal, Writ Court can entertain the petition under Article 226 without relegating the parties to the election petition. Karnataka High Court.

• 14-November-2024
• Daksha Legal

Co-operative banks can recover money either under the Karnataka Co-operative Societies Act, or under the SARFAESI Act. Their remedy cannot be restricted to SARFAESI Act. Karnataka High Court.

• 14-November-2024
• Daksha Legal

Karnataka Land Revenue Act. Change of name in revenue documents pursuant to sale deed cannot be delayed/refused quoting technical problem in Bhoomi software. Karnataka High Court.

• 14-November-2024
• Daksha Legal

Karnataka Land Reforms Act. Proceedings under Sections 79A & 79B cannot be initiated when the land was already converted for non-agricultural purposes on the date of the purchase. Karnataka High Court.

• 14-November-2024
• Daksha Legal

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. Appellate authority has powers to pass interim orders in appeals under Section 18 of the Act. Karnataka High Court.

• 14-November-2024
• Daksha Legal

Motor Vehicle Act. JCB is a non-transport, construction equipment vehicle. Person holding licence to drive Light Motor Vehicle is authorized to drive JCB. Karnataka High Court.

• 13-November-2024
• Daksha Legal

‘’Vexatious and unwanted litigation should be thrown out of Court at the threshold by nipping at the bud. Trial courts must reject such plaints in exercise of power under Order 7 Rule 11 CPC’’. Karnataka High Court.

• 13-November-2024
• Daksha Legal

Application for amendment of pleadings after commencement of trial can be permitted only if the applicant demonstrates that, notwithstanding the exercise of due diligence, the application could not have been filed at an earlier stage. Karnataka High Court.

• 13-November-2024
• Daksha Legal

Karnataka Land Revenue Act. Land cannot be notified as ‘sarkari pada’ for non-payment of land revenue without forfeiture order under Section 163 of the Act. Karnataka High Court.

• 13-November-2024
• Daksha Legal

Once resumption order under Karnataka SC/ST (PTCL) Act is set aside, purchaser has a right to get his name resumed/mutated in revenue records. Karnataka High Court imposes cost on the Tahsildar for unlawful refusal.

• 13-November-2024
• Daksha Legal

Bombay Pargana and Kulkarni Watan Abolition Act. Watan property belongs to the entire family, with all family members having hereditary interests eligible for a share. Karnataka High Court.

• 12-November-2024
• Daksha Legal

Amendment of pleadings. Doctrine of relation back from the date of suit will not apply when the court allows the amendment subject to the plea of limitation thus saving the legal right that had accrued in favour of the defendant. Supreme Court.

• 12-November-2024
• Daksha Legal

Mere issuance of a cheque subsequent to the expiry of the limitation period does not operate as a fresh cause of action or extend the limitation period for filing a civil suit for recovery. Karnataka High Court.

• 12-November-2024
• Daksha Legal

Karnataka Land Revenue Rules. Subsequent extension of corporation boundaries cannot be the basis to reject the application for regularisation of unauthorised occupation, where the application was filed prior to such extension. Karnataka High Court.

• 11-November-2024
• Daksha Legal

Land already vested and re-granted under the Mysore (Religious & Charitable) Inams Abolition Act cannot be dealt with under the Karnataka Village Offices Abolition Act or under any other enactment. Karnataka High Court.

• 11-November-2024
• Daksha Legal

Karnataka Rent Act. There is a presumption in favour of landlord regarding his bonafide requirement, which needs to be rebutted by the tenant by cogent evidence. Karnataka High Court.

• 11-November-2024
• Daksha Legal

Karnataka Land Revenue Act. Tahsildar has no power to order summary eviction of unauthorized occupants. Karnataka High Court.

• 11-November-2024
• Daksha Legal

Maintenance and Welfare of Parents and Senior Citizens Act. Failure to challenge gift deeds in favour of other children does not constitute grounds for dismissing an application. Karnataka High Court.

• 11-November-2024
• Daksha Legal

Bar Council Chairman and Vice-Chairman have no power to constitute or re-constitute Enrollment Committee, Executive Committee and other Ccommittees. Karnataka High Court.

• 09-November-2024
• Daksha Legal

Prior permission under the Karnataka SC/ST (PTCL) Act is not required for conversion of land under the Karnataka Land Revenue Act. Karnataka High Court.

• 09-November-2024
• Daksha Legal

A plaint can be rejected if it is time-barred under the Limitation Act. The court must rely solely on the plaint averments to determine the issue as to whether a plaint must be rejected, assuming the averments therein to be true. Karnataka High Court.

• 31-October-2024
• Daksha Legal

Karnataka Land Revenue Act. Mere possibility of a future land acquisition, based on a prospective notification, cannot be a ground to refuse conversion. Karnataka High Court.

• 08-November-2024
• Daksha Legal

Cr.P.C. Inherent power to recall judgment applies only in cases of lack of jurisdiction, abuse of process, or denial of natural justice. Karnataka High Court.

• 08-November-2024
• Daksha Legal

Power of attorney coupled with interest would not come to an end on the death of the person who has executed the power of attorney. Karnataka High Court.

• 08-November-2024
• Daksha Legal

Payment of compensation to Inamdhars due to abolition of Inam. Karnataka High Court directs determination and payment of compensation.

• 08-November-2024
• Daksha Legal

SARFAESI Act. Bank's mortgage holds priority over a property. Registration of a sale certificate to an auction purchaser cannot be denied due to outstanding debts, taxes, or government dues. Karnataka High Court.

• 08-November-2024
• Daksha Legal

Service Law. When a person is placed in independent charge of a post, albeit being eligible for promotion to that post, and later receives retrospective promotion, he is entitled to salary arrears corresponding to the pay scale of the said post. Karnataka High Court.

• 07-November-2024
• Daksha Legal

Once joint family property has been distributed in accordance with Section 8, the property ceases to be joint family property. Suit for partition by grandchildren is not maintainable. Karnataka High Court.

• 07-November-2024
• Daksha Legal

Inam lands, vested with the Government upon abolition, and without a regrant order, cannot be claimed as Wakf property. Karnataka High Court.

• 07-November-2024
• Daksha Legal

Suit for partition cannot be rejected for not providing the boundaries of the immovable properties over which the partition is claimed. Identity can be verified by the Court. Karnataka High Court.

• 07-November-2024
• Daksha Legal

Exemption of nursery from acquisition. ‘Make believe’ nursery without registration with Indian Horticulture Board cannot be considered for exemption. Karnataka High Court.

• 07-November-2024
• Daksha Legal

‘’Direction to mutate name of Government in respect of private property, without following due process of law, is illegal’’. Karnataka High Court orders restoration of the owner’s name in the revenue records.

• 06-November-2024
• Daksha Legal

Land acquisition. Income Tax exemption provided under Section 96 of 2013 Act does not apply to acquisition of land under any other statutes such as the Karnataka Highways Act. Karnataka High Court.

• 06-November-2024
• Daksha Legal

Karnataka Excise (General Conditions) Rules. Profit sharing ratio change in a partnership firm by 50% and above amounts to ‘’change of control and management of a firm’’ and attracts payment of transfer fee under the Rules. Karnataka High Court.

• 06-November-2024
• Daksha Legal

‘’The function of the court ends where the realm of legislature starts’’. Writ Court cannot issue mandamus mandating investigating officer in criminal case to sign on each page of the Court Diary. Karnataka High Court.

• 06-November-2024
• Daksha Legal

An arbitral award involving monetary claims is a Court decree and cannot be construed to be a movable property to levy stamp duty under the Karnataka Stamp Act. Karnataka High Court.

• 06-November-2024
• Daksha Legal

Karnataka Stamp Act. Once document is admitted in evidence without objection relating to the deficit stamp duty, objection cannot be raised at a subsequent stage. Remedy is revision before the Court where the appeal lies from the orders passed by the Court. Karnataka High Court.

• 05-November-2024
• Daksha Legal

Unless physical possession of property is taken, the Government would not get the benefit of the savings provision in the Urban Land (Ceiling and Regulation) Repeal Act. Karnataka High Court.

• 05-November-2024
• Daksha Legal

Partition. Purchaser of an undivided share cannot claim exclusive share in the joint family properties, seeking allotment of a particular property, without the consent of the other joint family members. Karnataka High Court.

• 05-November-2024
• Daksha Legal

Parallel prosecution. Prosecution under Section 304-A of IPC, while prosecution for the same offence under Section 92 of the Factories Act, 1948 is initiated, is not permissible. Karnataka High Court.

• 04-November-2024
• Daksha Legal

When a registered sale agreement is admitted by the vendor, it is not necessary to examine the witnesses to prove the agreement. Karnataka High Court.

• 04-November-2024
• Daksha Legal

Urban Development Authority's imposition of a penalty for non-construction on the allotted site by the allottee within the stipulated period cannot be held to be unreasonable. Karnataka High Court.

• 30-October-2024
• Daksha Legal

Specific Relief Act. Purchaser pendente lite is entitled to come on record as an assignee even at the appellate stage under Order 22 Rule 10 of the Civil Procedure Code. Karnataka High Court.

• 30-October-2024
• Daksha Legal

Specific Relief Act. Relief for possession need not be sought for in a suit for specific performance since in terms of Section 22, the relief of possession would be part of the relief of specific performance. Karnataka High Court.

• 30-October-2024
• Daksha Legal

To enforce right of pre-emption, the suit has to be filed within one year from the date of registration of the instrument. Suit for specific performance cannot be filed to avoid limitation issue. Karnataka High Court.

• 30-October-2024
• Daksha Legal

Plaintiff cannot file rejoinder, pursuant to the written statement, as a matter of right without obtaining leave of the Court. Karnataka High Court.

• 29-October-2024
• Daksha Legal

Mere utterance of the words ‘’go and die’’ does not attract Section 306 of IPC. Words uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation to commit suicide. Karnataka High Court.

• 29-October-2024
• Daksha Legal

Order of the Civil Court refusing to grant temporary injunction after hearing both the parties. Remedy available is a Miscellaneous First Appeal and not a Writ Petition. Karnataka High Court.

• 29-October-2024
• Daksha Legal

Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.

• 29-October-2024
• Daksha Legal

“Coparcenary system continues even after the 2005 amendment to the Hindu Succession Act.” Karnataka High Court explains the principles behind succession and survivorship.

• 29-October-2024
• Daksha Legal

Evidence Act. Where a testator admits execution of a Will during his lifetime in a judicial proceeding, such acknowledgment constitutes proof of the Will in subsequent proceeding even without examining the attesting witness. Karnataka High Court.

• 28-October-2024
• Daksha Legal

When a sale deed mentions wrong boundary, the Court can rely on Survey Sketch and Revenue Map, which have presumptive value under the Evidence Act, to identify the property and decide the real issue involved. Karnataka High Court.

• 28-October-2024
• Daksha Legal

Section 319 Cr.P.C. Summoned person need not be given an opportunity of being heard before being added as an accused to face the trial. Karnataka High Court.

• 28-October-2024
• Daksha Legal

Unlike agreement of lease which transfers interest in the property; agreement to lease does not effect demise praesenti. Agreement to lease cannot be impounded on the ground of inadequate stamping. Karnataka High Court.

• 28-October-2024
• Daksha Legal

Karnataka Stamp Act. Deposit of the entire disputed amount in appeal under Section 45-A does not mean accepting the order of the competent authority under appeal. The appellate authority must decide the matter on merits. Karnataka High Court.

• 28-October-2024
• Daksha Legal

Civil Court has jurisdiction to decide the inheritance and partition of the tenanted lands granted under the Karnataka Land Reforms Act, among the coparceners. Karnataka High Court.

• 26-October-2024
• Daksha Legal

Suit for specific performance. Purchaser of the property from the owner is a necessary party in the proceedings and hence requires to be arrayed as a party defendant. Karnataka High Court.

• 26-October-2024
• Daksha Legal

When defendant raises a genuine dispute regarding title, thereby casting a cloud on the plaintiff's title, the plaintiff cannot pursue a suit for mere injunction either preventive or mandatory. Karnataka High Court.

• 25-October-2024
• Daksha Legal

When one party seriously disputes biological relationship with another in a civil suit, the court shall allow the application for DNA test at the instance of the person claiming such a relation. Karnataka High Court.

• 25-October-2024
• Daksha Legal

Married daughters are also entitled for partition in the tenanted lands granted under the Karnataka Land Reforms Act, where it is proved that the land granted is enuring to the benefit of joint family. Karnataka High Court.

• 25-October-2024
• Daksha Legal

“Every child would achieve a greater degree of success than his parents and his earning a living wage would not be beyond the realm of possibility.” Comprehensive judgment of the Karnataka High Court on assessing minor’s income in accident cases.

• 25-October-2024
• Daksha Legal

Undervaluation of transaction. Deputy Commissioner must, after giving the parties an opportunity of being heard, shall hold an enquiry to assess proper market value before levying the duty. Karnataka High Court.

• 24-October-2024
• Daksha Legal

Adverse possession. Starting point of limitation would be from the date defendant's possession became adverse and not from the date when the right of ownership arises to the plaintiff. Supreme Court.

• 24-October-2024
• Daksha Legal

In the absence of rival claims the Magistrate shall release seized properties ensuring that the material objects would be available for identification during the trial. Karnataka High Court.

• 24-October-2024
• Daksha Legal

N.I.Act. Filing a civil suit for recovery of cheque amount will not bar complaint for the offence under Section 138, though both spring from the same cause of action. Karnataka High Court.

• 24-October-2024
• Daksha Legal

Authorities cannot keep application for renewal of registration of the medical establishment in cold storage and then initiate criminal prosecution for non-registration. Karnataka High Court prescribes time-limit.

• 25-October-2024
• Daksha Legal

Unless the voidable/fraudulent sale transactions affecting plaintiff’s title are questioned as not binding, suit for declaration of title and possession is not maintainable. Karnataka High Court.

• 23-October-2024
• Daksha Legal

“Do not allow expensive and sophisticated goods to be damaged/ruined”. Karnataka High Court lays down guidelines for release of seized materials by the Police.

• 23-October-2024
• Daksha Legal

Karnataka Stamp Act. Civil court cannot delegate its power to the District Registrar of Stamps to decide on the nature of the document and to determine the deficit duty. Karnataka High Court.

• 23-October-2024
• Daksha Legal

SARFAESI Act and Rules. When bidder fails to deposit balance amount within the statutory period, forfeiture of the earnest money deposit is a statutory consequence which cannot be avoided by approaching the writ court. Karnataka High Court.

• 23-October-2024
• Daksha Legal

Mere change of counsel is not a ground to recall the witness under Section 311 Cr.P.C. Recalling of witnesses should not be permitted at the fag end of the trial. Karnataka High Court.

• 23-October-2024
• Daksha Legal

“Alleged acts of the petitioner depict wanton lust, depravity of senses, and has a chilling effect down the spine of the society”. Karnataka High Court rejects bail plea of Prajwal Revenna, ex MP in rape case.

• 22-October-2024
• Daksha Legal

Income Tax Act. Notice regarding escaped assessment cannot be issued when the amount is within the threshold limits. Karnataka High Court.

• 22-October-2024
• Daksha Legal

Shifting of under-trial prisoners from one jail to another cannot be at the whim and fancy of the prosecution and such orders when sought, the learned Magistrates ought to apply their mind. Karnataka High Court.

• 24-October-2024
• Daksha Legal

Service Law. Corruption cases warrant severe penalties. Tribunal cannot replace dismissal order with compulsory retirement solely based on sympathy. Karnataka High Court.

• 22-October-2024
• Daksha Legal

While dismissing suit for injunction, Court cannot grant decree for possession of the suit property in favour of the defendant in the absence of pleadings or counter claim. Karnataka High Court.

• 22-October-2024
• Daksha Legal

Insolvency and Bankruptcy Code. Even statutory dues owed to Government get extinguished if such claims are not part of the insolvency resolution plan. Karnataka High Court.

• 22-October-2024
• Daksha Legal

Defense of ouster in a suit for possession. The adverse possession pleaded must be open, express or implied repudiation of the rights of the true owner and the hostility must be within the knowledge of true owner. Karnataka High Court.

• 21-October-2024
• Daksha Legal

Compensation for usage of land without acquisition. Inter-se dispute among the Government departments cannot be a reason to deny the compensation to the landloser. Karnataka High Court.

• 21-October-2024
• Daksha Legal

CGST Act. Government decision to extend time under Section 168A cannot be challenged by the assessee when the GST Council recommendation is backed by application of mind. Karnataka High Court.

• 21-October-2024
• Daksha Legal

Order XXI Rule 97 CPC. Only person with independent right has the right to record resistance and not a party who is tracing his right through judgment debtor. Karnataka High Court.

• 21-October-2024
• Daksha Legal

Public or ex-servicemen cannot claim right of way through Class A1 land exclusively belonging to military invoking Article 19 (1) (d) of the Constitution of India. Karnataka High Court.

• 21-October-2024
• Daksha Legal

Demonetisation. Confiscation of specified Bank notes by the investigating agencies. Person can seek exchange of the notes from the Union of India only on production of direction of the Court to that effect. Karnataka High Court.

• 18-October-2024
• Daksha Legal

Disposal of corner sites. ‘Power of the BDA to accept or reject auction bid without explanation is traceable to a Rule which is not under challenge.’ Karnataka High Court upholds rejection of the auction bid.

• 18-October-2024
• Daksha Legal

Registering petition under Section 95 of the IBC before the NCLT is purely administrative/ministerial act which cannot be questioned through a writ petition. Karnataka High Court.

• 18-October-2024
• Daksha Legal

Raising religious slogans near a place of worship belonging to another faith does not constitute 'outraging religious feelings' under Section 295-A of the Indian Penal Code. Karnataka High Court.

• 18-October-2024
• Daksha Legal

Government employees are entitled to reimbursement towards medical expenses incurred at non empanelled private hospitals when a recognized government hospital refers the patients to a non-empanelled private hospital for any reason. Karnataka High Court.

• 16-October-2024
• Daksha Legal

Land acquired and vested with the Government cannot be withdrawn from acquisition taking recourse to the General Clauses Act. Karnataka High Court.

• 16-October-2024
• Daksha Legal

State’s supervisory role over local bodies in the matter of appointments to senior positions does not affect local governance autonomy. Karnataka High Court.

• 18-October-2024
• Daksha Legal

Presumption in favour of the constitutionality of legislation extends even to the subordinate legislation unless there is a clear violation of the parent statute or the rule-making authority has acted beyond its powers. Karnataka High Court.

• 16-October-2024
• Daksha Legal

In the absence of statutory mandate for issuance of final notification within the particular time, delay in issuing the final notification cannot be a ground to quash the acquisition proceeding or to declare that the acquisition has been abandoned. Karnataka High Court.

• 15-October-2024
• Daksha Legal

‘’Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord.’’ Karnataka High Court quashes criminal proceedings initiated under Section 153 IPC for shouting pro-India slogans and taking the name of PM Narendra Modi.

• 16-October-2024
• Daksha Legal

Want of money lending license cannot be pleaded in proceedings under NI Act when issuance of cheque is admitted. Karnataka High Court.

• 02-August-2024
• Daksha Legal

When an officer is entrusted with the duty to decide the issue, detailed order and not an official memorandum is required to be passed. Karnataka High Court.

• 01-August-2024
• Daksha Legal

An order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the Act. Karnataka High Court.

• 21-July-2024
• Daksha Legal

Fraudulent transfer of Company shares. Company/officers of the company cannot plead lack of vicarious criminal liability at the investigation stage. Karnataka High Court.

• 22-July-2024
• Daksha Legal

Suit for partition dismissed for default does not bar a subsequent suit for partition since the right to enforce a partition is a continuous right. Karnataka High Court.

• 21-July-2024
• Daksha Legal

Suit for ejection. Once the defendants admit landlord-tenant relationship vis-à-vis the plaintiff, they cannot question title of the plaintiff over the tenanted property. Karnataka High Court.

• 21-July-2024
• Daksha Legal

Land acquisition. Value of casurina trees, eucalyptus tree and firewood trees cannot be excluded while determining the compensation payable for the land. Karnataka High Court.

• 21-July-2024
• Daksha Legal

When once the tenanted land is vested with the State Government under the Karnataka Land Reforms Act, the same cannot be subsequently declared as Wakf property. Karnataka High Court.

• 22-July-2024
• Daksha Legal

’Withholding of evidence in defence would undoubtedly defeat the voyage towards discovery of truth in a criminal trial.’’. Karnataka High Court permits playing video footage in criminal trial as ‘previous statement’ on the day of the crime.

• 21-July-2024
• Daksha Legal

When party marks secondary evidence to establish the existence of primary evidence, there is no requirement of filing application under Section 65(c) of the Evidence Act. Karnataka High Court.

• 26-June-2024
• Daksha Legal

Karnataka Stamp Act. When a document required to be stamped for a lesser amount before the amendment, is produced before the Court, after the amendment, the Court cannot impound and levy higher/revised stamp duty. Karnataka High Court.

• 26-June-2024
• Daksha Legal

Land acquisition Act of 2013. There is no bar for the land-loser to make an application even after the period of thirty days for reference under Section 64. Karnataka High Court.

• 25-June-2024
• Daksha Legal

Once the plaintiff proves his possession and enjoyment of the suit property and when the defendant has chosen to contest the suit, the defendant’s interference could be inferred and the plaintiff is entitled for permanent injunction. Karnataka High Court.

• 26-June-2024
• Daksha Legal

Sub-Registrar cannot be prosecuted for registration of a bogus document. Karnataka High Court.

• 26-June-2024
• Daksha Legal

Suit for partition without including all the joint family properties and without impleading all the co-sharers is not maintainable. Karnataka High Court.

• 26-June-2024
• Daksha Legal

‘’Women are the epicenters of family life’’. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory. Karnataka High Court.

• 24-June-2024
• Daksha Legal

When purchaser files a suit for recovery of the advance sale consideration instead of specific performance, the limitation commences from the date of refusal and not from the date of the agreement. Karnataka High Court.

• 25-June-2024
• Daksha Legal

Suit for cancellation of decree obtained on the ground of fraud etc without seeking possession delivered pursuant to the decree is not maintainable. Karnataka High Court.

• 25-June-2024
• Daksha Legal

Minimum one kilometre distance from the notified National Parks and Wildlife Sanctuary has to be maintained in establishing, running and operating the quarry units. Karnataka High Court upholds ban on quarrying near Kappathagudda.

• 25-June-2024
• Daksha Legal

Accused who breaches settlement agreement in a cheque dishonour case cannot be allowed to go scot-free on hyper-technical grounds without adhering to the conditions of the settlement. Karnataka High Court.

• 25-June-2024
• Daksha Legal

POCSO Act. Document relating to date of birth of a student issued by School on the basis of entry of the date of birth made in the admission register can be relied for the purpose of age determination. Karnataka High Court.

• 24-June-2024
• Daksha Legal

Negotiable Instruments Act. Accused who breaches settlement agreement to pay cheque amount cannot later take the contention that the original complaint was defective for not making company a party. Karnataka High Court.

• 24-June-2024
• Daksha Legal

Municipal Corporation cannot insist on probate of a Hindu Will for change of khata since the Will executed by Hindus are not covered by Clauses (a) and (b) of Section 57 of the Indian Succession Act. Karnataka High Court.

• 24-June-2024
• Daksha Legal

Petition for Succession Certificate under Section 372 of the Indian Succession Act cannot be dismissed solely on the ground of limitation. Karnataka High Court.

• 24-June-2024
• Daksha Legal

Suit for injunction without disclosing identity of the property as required under Order 7 Rule 3 of the Civil Procedure Code is not maintainable. Karnataka High Court.

• 24-June-2024
• Daksha Legal

Land acquisition. Denotification and rescinding the denotification has to be gazetted so that the stakeholders challenge it; and the unscrupulous landowners would not prey the potential buyers on the basis of Denotification. Karnataka High Court.

• 22-June-2024
• Daksha Legal

Suit for possession based on illegal dispossession shall be filed within six months from the date of dispossession. Subsequent amendment for possession in a pending suit for injunction will not cure the defect. Karnataka High Court.

• 22-June-2024
• Daksha Legal

Contract Act. Section 65. Vendor cannot refuse to refund advance amount to the purchaser on the ground that the sale agreement itself was void or illegal. Karnataka High Court.

• 21-June-2024
• Daksha Legal

Principle of ‘’Boundaries prevail over Measurements’’ would not apply when the measurement/extent given in the document is clear, definite, specific, unambiguous and certain. Karnataka High Court.

• 21-June-2024
• Daksha Legal

‘’Power of review is a creature of Statute’’. Deputy Commissioner has no power to review the order under the Karnataka Land Revenue Act. Karnataka High Court.

• 21-June-2024
• Daksha Legal

Limitation Act. When plaintiff's title is not in dispute and the plea of adverse possession fails, suit for possession based on title cannot be said to be barred by time under Section 65. Karnataka High Court.

• 21-June-2024
• Daksha Legal

Objection relating to the inherent jurisdiction of the trial Court can be raised even for the first time before the appellate Court. Karnataka High Court.

• 21-June-2024
• Daksha Legal

Children of predeceased brother are also entitled to succeed to the property of the prepositus under the Mysore Hindu Law Women’s Rights Act, 1933. Karnataka High Court.

• 20-June-2024
• Daksha Legal

Karnataka Gram Swaraj and Panchayat Raj Act. Power conferred on Adhyaksha to stay the execution of any order or resolution of Taluk Panchayat is not appellate in nature to decide the dispute itself. Karnataka High Court.

• 20-June-2024
• Daksha Legal

Children born to second/void marriage are entitled to equal share in the self-acquired property of their father along with the children from the first marriage. Karnataka High Court.

• 20-June-2024
• Daksha Legal

Land Acquisition Act. A landowner can maintain second application under Section 28A of the Act seeking redetermination of market value of his land in the event of further enhancement by the appellate court in respect of other lands. Karnataka High Court.

• 20-June-2024
• Daksha Legal

Karnataka Co-operative Societies Act. Disqualification for not clearing loan due to the Society as on the date of election. Subsequent clearing of dues will not wipe out the disqualification. Karnataka High Court.

• 20-June-2024
• Daksha Legal

Negotiable Instruments Act. When cheque is returned with the endorsement ‘’payment stopped by drawer’’, the penal provisions of the Act are attracted. Karnataka High Court.

• 19-June-2024
• Daksha Legal

Legal representative of deceased defendant can file additional written statement setting up his own independent title to the plaint schedule property. Karnataka High Court.

• 19-June-2024
• Daksha Legal

Tenant can question katha which has been made out in the name of the subsequent purchaser of the tenanted property if the entry is not in consonance with the sale deed. Karnataka High Court.

• 19-June-2024
• Daksha Legal

Benami Transactions (Prohibition) Act. Cancellation of sale and confiscation of property cannot be resorted to in respect of the properties purchased before the 2016 amendment. Karnataka High Court.

• 18-June-2024
• Daksha Legal

High Court in writ jurisdiction cannot enter into the arena of interpretation of contractual term, its enforcement and the questions regarding breach or otherwise thereof since they are questions to be subjected to evidence. Karnataka High Court.

• 19-June-2024
• Daksha Legal

''The Writing Is On The Wall - that acts of sexual violence against women must be dealt with sternly''. Karnataka High Court rejects plea of man booked for writing a woman’s phone number on the toilet wall with the prefix 'Call Girl'.

• 18-June-2024
• Daksha Legal

''Consensual relationship is not a license for a man to cause bodily injury to a woman''. Karnataka High Court rejects the plea challenging criminal proceedings under Section 323 IPC while quashing rape charges.

• 18-June-2024
• Daksha Legal

A third party can institute separate suit challenging compromise award passed by the Lok-Adalat on the ground of fraud and undue influence. Karnataka High Court.

• 18-June-2024
• Daksha Legal

Civil suit against Forest Officers who act under the color of duty to preserve forest land is not maintainable without sanction of the State Government under Section 114-A of the Karnataka Forest Act. Karnataka High Court.

• 18-June-2024
• Daksha Legal

Recovery of Government dues. ‘’The practice of bringing the entire extent of land for sale for recovery of dues which would be otherwise recovered by selling a portion of the property is highly deplorable’’. Karnataka High Court.

• 18-June-2024
• Daksha Legal

Stay of suits under Section 10 CPC. Once the petition under Section 276 of Indian Succession Act is converted into a full-fledged civil suit, all other suits touching title to the same property shall remain stayed. Karnataka High Court.

• 15-June-2024
• Daksha Legal

Party whose presence would enable the Court to completely and effectively and adequately adjudicate upon all matters in dispute in the suit can be impleaded though no specific relief is sought against such party. Karnataka High Court.

• 15-June-2024
• Daksha Legal

Transfer of Property Act. In the case of an usufructuary mortgage there is no limitation to seek redemption. Right to seek redemption arises on the date when the mortgagor tenders mortgage money. Karnataka High Court.

• 14-June-2024
• Daksha Legal

Adopted son is also entitled to seek transfer of fair price shop and he cannot be excluded from the purview of son referred to in clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.

• 14-June-2024
• Daksha Legal

Execution. Once the auction is held, it is the duty of the Court to ensure that the auction money is deposited within 15 days and upon the failure, to forfeit the deposit and resell the property. Court cannot extend time to deposit. Karnataka High Court.

• 14-June-2024
• Daksha Legal

Courts shall not adopt hyper-technical ground to dismiss suit for default. Past negligence is not a ground not to restore the suit. Karnataka High Court.

• 14-June-2024
• Daksha Legal

Specific Performance. Purchaser pendente lite cannot come on record in the execution proceedings or obstruct delivery of the possession to the decree holder. Karnataka High Court.

• 14-June-2024
• Daksha Legal

‘Stay of suits under Section 10 CPC’ applies not only when the parties in both the suits are identical, but also when the parties are claiming through or under any of the litigating parties. Karnataka High Court.

• 13-June-2024
• Daksha Legal

Market value in a suit in respect of agricultural lands shall be twenty-five times the revenue assessed. Karnataka High Court reiterates.

• 13-June-2024
• Daksha Legal

Dowry harassment cases. Relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Karnataka High Court.

• 13-June-2024
• Daksha Legal

Lok Adalat cannot record compromise unless the parties to the compromise are present before it. Advocate cannot act before the Lok Adalat only on the basis of the Vakalat. Karnataka High Court.

• 13-June-2024
• Daksha Legal

Karnataka Land Revenue Act. Even a portion of larger extent of land can be converted for non-agricultural purposes. Karnataka High Court.

• 12-June-2024
• Daksha Legal

Presentation of undated cheque after three years from the date of the transaction by adding the date. Proceeding under Section 138 NI Act will be clearly barred by limitation. Karnataka High Court.

• 12-June-2024
• Daksha Legal

Will. Proof. Attesting witness of a will is not found or having died. Court can accept the evidence of the Sub Registrar who had registered the will. Supreme Court.

• 12-June-2024
• Daksha Legal

Co-operative Society cannot be considered as procurement entity under the Karnataka Transparency in Public Procurements Act unless the Government has major share or effective control over it. Karnataka High Court.

• 12-June-2024
• Daksha Legal

‘Breach of marriage engagement’ cannot be construed as ‘false promise to marry’. Sexual intercourse after engagement cannot be termed as rape when the engagement is breached. Karnataka High Court.

• 12-June-2024
• Daksha Legal

Karnataka Municipal Corporations Act. Cancellation of khata under Section 114A can be resorted to only within the period of limitation. Belated challenge to a legally entered khata is impermissible. Karnataka High Court.

• 11-June-2024
• Daksha Legal

Issue regarding valuation and Court fees cannot be tried as a preliminary issue in a suit and shall be tried along with other issues. Karnataka High Court.

• 11-June-2024
• Daksha Legal

Correction of mistake in the death certificate cannot be refused only on the ground of delay without following the procedure under the Registration of Births and Deaths Act. Karnataka High Court.

• 11-June-2024
• Daksha Legal

Insurance company is not liable to pay compensation when the owner gives his vehicle to a minor to drive eventually resulting in the accident. Karnataka High Court.

• 11-June-2024
• Daksha Legal

Criminal Breach of Trust. Deducting employees provident fund and not paying the same to the Fund. Offence under Section 405 arises only if the amount is deducted in the first place. Karnataka High Court.

• 10-June-2024
• Daksha Legal

NDPS Act. Importing drugs via consignment. When the 'Controlled Delivery' technique fails, proceeding with the criminal prosecution based solely on the voluntary statement amounts to abuse of process of law. Karnataka High Court.

• 10-June-2024
• Daksha Legal

‘’Judges cannot act like Mughals of bygone era’’. High Court cannot issue writ in derogation of law or transcend the barriers of law. Karnataka High Court.

• 10-June-2024
• Daksha Legal

Transfer of property in violation of law against fragmentation is void and does not confer title. Suit based on such transfer is liable to be dismissed. Karnataka High Court.

• 10-June-2024
• Daksha Legal

Transfer of undivided interest by landowner in respect of apartment allotted to developer under Joint Development Agreement. Apartment value cannot be included for stamp duty calculation. Karnataka High Court.

• 10-June-2024
• Daksha Legal

When property is transferred by way of a registered document, Revenue authorities are duty bound to make entry in the revenue records/mutation records without application of the parties. Karnataka High Court.

• 08-June-2024
• Daksha Legal

Industrial Disputes Act. Mere non-approval of dismissal order in terms of Section 33(2)(b) does not give right to the workman to file an application for recovery of arrears of wages under Section 33C(2). Karnataka High Court.

• 08-June-2024
• Daksha Legal

Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.

• 07-June-2024
• Daksha Legal

Banking Regulation Act. Bank can discontinue employment of a person who is convicted for an offence involving moral turpitude, whether he is sentenced or not. Karnataka High Court.

• 07-June-2024
• Daksha Legal

Land Acquisition. Compensation is payable even in respect of Pot/Phut Kharab with statutory benefits unless RTC shows it as canal, nala, road, tank, stream, burial/cremation ground, footpath or reserved for any public purpose. Karnataka High Court.

• 07-June-2024
• Daksha Legal

Rejection of plaint under Order 7 Rule 11 cannot be resorted to at belated stage when the issues are framed and the suit is already posted for evidence. Karnataka High Court.

• 07-June-2024
• Daksha Legal

Plea of adverse possession must be proved by independent evidence and the parties cannot depend on the documents of non-contesting parties. Karnataka High Court.

• 07-June-2024
• Daksha Legal

Wife with good educational qualification who quit salaried employment without any reason cannot demand maintenance under Section 125 Cr.P.C. Karnataka High Court.

• 06-June-2024
• Daksha Legal

Maintenance and Welfare of Parents and Senior Citizens Act. Assistant Commissioner has no jurisdiction to annul gift deed if there are no recitals in the gift deed to maintain the donor. Karnataka High Court.

• 06-June-2024
• Daksha Legal

Limitation Act. Suit for possession based on title can be non-suited only if defendant establishes adverse possession. When adverse possession is not proved, suit cannot be dismissed on the ground of limitation. Karnataka High Court.

• 06-June-2024
• Daksha Legal

Karnataka Excise Act. Reconstitution of the firm inducting the new partner as legal representative of the deceased partner does not amount to transfer of license. Karnataka High Court.

• 05-June-2024
• Daksha Legal

Gift is between Donor and Donee. When donor who challenged gift deed withdraws the suit, his children cannot question the gift deed on the ground of fraud etc. Karnataka High Court.

• 05-June-2024
• Daksha Legal

Karnataka Municipalities Act. Advance notice to Municipality is not required in a suit for permanent injunction if the very object of filing the suit is defeated by delay. Karnataka High Court.

• 05-June-2024
• Daksha Legal

Coram Non-Judice. If Caste Certificate is cancelled by Tahsildar on the direction of Deputy Commissioner, appeal against such order to the Assistant Commissioner is not maintainable on the principle of coram non-judice. Karnataka High Court.

• 05-June-2024
• Daksha Legal

Drawing up of high-tension electricity lines on private lands. Writ Court cannot go into the technical aspects especially when the experts have drawn the route to cause as little damage as possible. Karnataka High Court.

• 05-June-2024
• Daksha Legal

Self-acquired property of father inherited by his sons would be Coparcenery property and continues to be so if the succession had opened prior to 1956. Supreme Court.

• 04-June-2024
• Daksha Legal

Wife getting lumpsum maintenance under Section 125 Cr.P.C as full settlement is NOT precluded from claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act. Karnataka High Court.

• 04-June-2024
• Daksha Legal

Inclusion of property in a compromise petition contrary to provision of an existing law does not confer right or title on the parties. Supreme Court.

• 04-June-2024
• Daksha Legal

Person who gifted immovable property to Municipality on the assurance of alternative site is entitled to receive market value compensation if there is no provision for allotment of alternate site. Karnataka High Court.

• 04-June-2024
• Daksha Legal

Specific Relief Act. Property agreed to be sold acquired by Government. Agreement holder, on succeeding in suit for specific performance, is entitled to full compensation. Owner is entitled to sale consideration and expenses. Supreme Court.

• 04-June-2024
• Daksha Legal

Money belonging to a citizen is his property. If that is retained by the State, that amounts to temporary acquisition of property for which compensation has to be paid going by Article 300A of the Constitution of India. Karnataka High Court.

• 03-June-2024
• Daksha Legal

Negotiable Instruments Act. Section 138. When proprietary concern is the payee of the cheque, it is not necessary to make proprietor also party to the proceedings. Karnataka High Court.

• 03-June-2024
• Daksha Legal

UBER/OLA service. Service fee or convenience fee is part and parcel of the fare fixed under Section 67 of the MVC Act. Aggregator cannot seek for fixation of such fees over and above the fare, nor can the State fix it. Karnataka High Court.

• 31-May-2024
• Daksha Legal

Mere amendment to plaint adding properties describing them as joint family properties will not cause hardship since the nature of the properties need to be substantiated during the trial. Karnataka High Court.

• 31-May-2024
• Daksha Legal

Transfer of Property Act. Though gift of immovable property which is capable of division is irregular, it can be perfected and rendered valid by subsequent partition or delivery. Supreme Court.

• 31-May-2024
• Daksha Legal

If purchaser is already in possession of property prior to sale agreement, stamp duty payable in the case of delivery of possession under the agreement is not applicable. Supreme Court.

• 31-May-2024
• Daksha Legal

‘’Compulsory rural service from medical graduates cannot be enforced without publishing the notification in the Gazette’’. Karnataka High Court declares pre-notification bonds from the doctors unenforceable.

• 03-June-2024
• Daksha Legal

Medical graduates who are the beneficiaries of the welfare of the State like Government seat etc have obligation of rural service to make the Society ‘’Egalitarian’’ resulting in an ‘’Utopian Land’’. Karnataka High Court

• 31-May-2024
• Daksha Legal

Motor Vehicles Act. Transport schemes depend on various factors and play a pivotal role in ensuring connectivity, mobility and quality of life. Such schemes cannot be interfered with, unless it is arbitrary and discriminatory. Karnataka High Court.

• 31-May-2024
• Daksha Legal

Stay of suit under Section 10, CPC can be ordered only when the issue before a Court is substantially in issue in an earlier proceedings between the same parties or under whom they claim in respect of the same subject matter. Karnataka High Court.

• 30-May-2024
• Daksha Legal

Karnataka Tax on Entry of Goods Act. Prevailing market price of goods in the local area shall mean the value of the goods at the precise moment of their entry into the local area. Karnataka High Court.

• 30-May-2024
• Daksha Legal

Interpretation of statutes. When there is conflict between definition clause and the charging Section, the intendment behind the charging Section must be honoured. Karnataka High Court.

• 30-May-2024
• Daksha Legal

Writ jurisdiction. Alternative remedy is not a bar when there is violation of fundamental rights/principles of natural justice; order or proceedings being without jurisdiction and when the vires of an Act is challenged. Karnataka High Court.

• 01-June-2024
• Daksha Legal

Purchaser pendente lite has a right to be impleaded in the execution proceedings and seek equitable partition exercising the rights of the transferor. Karnataka High Court.

• 30-May-2024
• Daksha Legal

Sub-Registrar cannot refuse registration of Sale Certificate issued pursuant to public auction on the ground that Income Tax dues are pending against the borrower. Karnataka High Court.

• 30-May-2024
• Daksha Legal

Specific performance. Subsequent escalation in market value is not a ground to refuse specific performance of the agreement when all other factors are proved. Karnataka High Court.

• 29-May-2024
• Daksha Legal

NCLT cannot entertain petition under Section 95 IBC when personal guarantee of the corporate guarantor is already waived. High Court can entertain plea challenging the proceedings. Karnataka High Court.

• 29-May-2024
• Daksha Legal

International workers of Indian origin and foreign origin cannot be brought under the purview of the Employees Provident Fund Scheme and the Employees Pension Scheme. Karnataka High Court.

• 29-May-2024
• Daksha Legal

Specific performance. Agreement executed within the prohibited period under the Karnataka Land Reforms Act cannot be specifically enforced. Karnataka High Court.

• 29-May-2024
• Daksha Legal

Registered sale deed executed by the Agricultural Produce Marketing Committee cannot be unilaterally cancelled under the Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004. Karnataka High Court.

• 29-May-2024
• Daksha Legal

Maintenance and Welfare of Parents and Senior Citizens Act does not apply to transactions which have taken place prior to coming into force of the Act. Karnataka High Court.

• 28-May-2024
• Daksha Legal

Provisions of the Karnataka SC/ST (PTCL) Act does not apply to lands which are granted by the Land Tribunal under the Karnataka Land Reforms Act. Karnataka High Court.

• 28-May-2024
• Daksha Legal

Guardian and Ward's Act. Residence of father or mother does not determine jurisdiction of Courts. ‘’Ordinarily resides’’ under Section 9 has to be construed accordingly. Karnataka High Court.

• 28-May-2024
• Daksha Legal

Criminal Law. Private complaint and Police case based on the same set of facts and incidents have to be consolidated to prevent the accused from being subjected to two independent criminal prosecutions at two different Courts. Karnataka High Court.

• 28-May-2024
• Daksha Legal

A contract which is neither recognised nor forbidden in Sharia law but expressly recognised in religion-neutral law shall be held permissible irrespective of the religious faith. Karnataka High Court.

• 03-June-2024
• Daksha Legal

Seizure of bank account cannot be quashed merely on the ground of delay in reporting seizure to the jurisdictional Magistrate under Section 102(3) Cr.P.C. Supreme Court.

• 28-May-2024
• Daksha Legal

Disqualification to hold Office in local bodies. Work done for the Gram Panchayat at an earlier point of time would not operate as a disqualification. Karnataka High Court.

• 27-May-2024
• Daksha Legal

Suit for declaration cannot be decreed only on the basis of admission unless there is title deed showing the ownership. Karnataka High Court.

• 27-May-2024
• Daksha Legal

Minor has no independent residence apart from the residence of the parent who has the custody of the said minor. The word “ordinarily resides” in statutes have to be construed accordingly. Karnataka High Court.

• 27-May-2024
• Daksha Legal

Delay in reporting seizure of property under Section 102(3) Cr.P.C to the jurisdictional Magistrate does not vitiate the seizure order altogether. Supreme Court.

• 27-May-2024
• Daksha Legal

Muslim Personal Law cannot prevail over Statute passed by competent legislature. Deed of settlement recognized under the Karnataka Stamp Act prevails over Shariat Law to the contrary. Karnataka High Court.

• 27-May-2024
• Daksha Legal

A coparcener can NOT seek injunction against Karta from entering into a transaction for sale of the joint Hindu family property, although post alienation he has a right to challenge the alienation if the same is not for legal necessity. Supreme Court.

• 22-May-2024
• Daksha Legal

Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.

• 21-May-2024
• Daksha Legal

BBMP cannot refuse to change khata of property duly purchased under a registered sale deed only on the ground of third-party objection. Karnataka High Court.

• 17-May-2024
• Daksha Legal

Property purchased by father in the name of minor sons for the benefit of family can be claimed back. Bar under Section 4(1) of the Benami Transaction (Prohibition) Act, 1988 does not apply. Supreme Court.

• 15-May-2024
• Daksha Legal

Forfeiture of occupancy under the Karnataka Land Revenue Act 1964 for non-payment of land revenue. Owner can pay the arrears of land revenue any time before the property is sold and get the land restored. Karnataka High Court.

• 13-May-2024
• Daksha Legal

Partition. Property purchased by Karta-Manager in the name of his minor son out of joint family funds is also a joint family property liable for partition. Supreme Court.

• 10-May-2024
• Daksha Legal

Valuation of property for Court fee. Where sale deed shows market value and sale consideration differently, Court fee has to be paid on the higher value thereof. Karnataka High Court.

• 08-May-2024
• Daksha Legal

Special Court established under Section 435 of the Companies Act, 2013, cannot take cognizance of an offence committed under the provisions of the Companies Act, 1956. Karnataka High Court.

• 06-May-2024
• Daksha Legal

Hindu Minority and Guardianship Act. Section 8 regarding Court permission to sell minor property does NOT apply to sale of undivided interest of a minor in a joint family property by the Karta. Supreme Court.

• 05-May-2024
• Daksha Legal

Transfer of Property Act. Property can be gifted even without transfer of possession of such property. Supreme Court.

• 04-May-2024
• Daksha Legal

Planning Authority cannot ask landowner to relinquish land designated for road widening in the Master plan free of cost as a condition precedent for sanctioning the layout plan. Karnataka High Court.

• 02-May-2024
• Daksha Legal

Violation of condition in land grant order will not result in automatic cancellation of the grant unless the Government initiates proceedings for resumption of the land. Karnataka High Court.

• 27-April-2024
• Daksha Legal

Singing the National Anthem facing the National Flag in Schools and public offices is necessary to teach students and citizens patriotism and respect for the country. Karnataka High Court.

• 26-April-2024
• Daksha Legal

Insolvency and Bankruptcy Code. Resolution Professional has to be independent and his action should be just and fair. Karnataka High Court castigates Resolution Professional for his biased actions.

• 03-June-2024
• Daksha Legal

Different sale deeds arising out of a single loan transaction executed to the loaner himself by GPA. Separate court fee is not necessary when the sale deeds are challenged. Karnataka High Court.

• 26-April-2024
• Daksha Legal

Insolvency and Bankruptcy Code. Suspended directors have right to participate in the resolution proceedings denial of which results in annulment of the entire resolution process. Karnataka High Court.

• 26-April-2024
• Daksha Legal

Court Fee. When agricultural land falls within the Corporation limit, the market value has to be taken into consideration even though the land continues to be shown as agricultural in the revenue records. Karnataka High Court.

• 25-April-2024
• Daksha Legal

State Govt can prescribe State Anthem and specify raaga in which it is to be sung in Schools. Karnataka High Court.

• 25-April-2024
• Daksha Legal

Commissioner of Municipal Corporation cannot give a finding on the title of a person over the property while ordering cancellation of the khata. Karnataka High Court.

• 25-April-2024
• Daksha Legal

Police cannot file FIR based on report of a private organisation or correspondence between government officers without there being independent evidence showing cognizable offence. Karnataka High Court.

• 25-April-2024
• Daksha Legal

Indian Railways Act. Death or injury in the course of boarding or de-boarding train falls within the meaning of ‘’untoward incident’’. Victim is entitled to compensation. Karnataka High Court.

• 24-April-2024
• Daksha Legal

Specific Relief Act. A registered sale deed cannot be cancelled by another deed of cancellation even by the consent of the parties. The only mode is to re-transfer the property. Karnataka High Court.

• 24-April-2024
• Daksha Legal

Kartha/father can gift ancestral property in favour of his daughter within reasonable limits for pious purposes. Karnataka High Court.

• 24-April-2024
• Daksha Legal

Criminal prosecution under the Companies Act 2013 cannot be launched for the actions which were valid under the Companies Act 1956. Karnataka High Court.

• 24-April-2024
• Daksha Legal

Limitation to make a reference under Section 18 of the Land Acquisition Act 1894. Cause of action arises only after the conclusion of the proceedings under Section 30 of the Act. Karnataka High Court.

• 24-April-2024
• Daksha Legal

Sub-division of converted land without obtaining permission under the Karnataka Town and Country Planning Act cannot be a ground to reject transfer of khata by the Municipality. Karnataka High Court.

• 23-April-2024
• Daksha Legal

''A session of hookah is more harmful than a pack of cigarettes''. Karnataka High Court upholds Govt ban on sale of Hookah in public place.

• 22-April-2024
• Daksha Legal

Water Supply and Sewerage Board cannot levy impost fee/charge as a condition to issue ‘No Objection Certificate’ to a proposed residential building in the absence of ‘quid pro quo’. Karnataka High Court.

• 23-April-2024
• Daksha Legal

Planning Authority cannot demand free relinquishment of land for road widening at the time of plan sanction without paying compensation. Karnataka High Court.

• 23-April-2024
• Daksha Legal

Criteria for exercising power under Section 482 Cr.P.C to quash FIR is the situs of the authority who has registered the case and not the place of commission of the crime either in full or part. Karnataka High Court.

• 23-April-2024
• Daksha Legal

When there is no recital in sale agreement that possession of property is handed over to purchaser, Court cannot direct the party to pay stamp duty and penalty as per conveyance. Karnataka High Court.

• 22-April-2024
• Daksha Legal

Urban (Ceiling and Regulation) Act. Revenue Inspector has no power to take possession of excess land. Karnataka High Court restores land to the owners after 30 years.

• 22-April-2024
• Daksha Legal

A person who purchases the property in a Court auction would be purchasing such property free from all encumbrances including the tenancy claims. Karnataka High Court

• 22-April-2024
• Daksha Legal

Karnataka Court Fees and Suits Valuation Act. For the purposes of determining market value of agricultural land assessed to land revenue, the procedure prescribed under Section 7(2) of the Act has to be followed. Karnataka High Court.

• 20-April-2024
• Daksha Legal

When a registered conveyance takes place, no duty is cast on the purchaser to intimate such transfer to the Revenue Authorities. Mutation entry has to take place as per Section 128(4) of the Karnataka Land Revenue 1964 Act. Karnataka High Court.

• 20-April-2024
• Daksha Legal

Once a document produced before the Court is impounded for non-payment of stamp duty, the party cannot withdraw the same without payment of duty penalty simply because he does not want to rely on it. Karnataka High Court.

• 19-April-2024
• Daksha Legal

BBMP Act. Improvement expenses can be collected in instalments for transfer of khata. Non-payment of instalment cannot be a reason to deny benefit of revenue entry since the amount can be recovered in accordance with law. Karnataka High Court.

• 19-April-2024
• Daksha Legal

Doctrine of res judicata cannot be used to reject a plaint, as its determination necessitates an examination of pleadings, issues, and decisions in prior suits. Karnataka High Court.

• 19-April-2024
• Daksha Legal

Municipal Authority cannot claim transfer fee without any basis or support of any provision of law when fee was already levied at the time of transfer of property. Karnataka High Court.

• 19-April-2024
• Daksha Legal

Commercial Courts Act. Loan or dispute with regard to loan not based on any mercantile document cannot be considered as ‘commercial dispute’ simply because the amount involved is above the specified value. Karnataka High Court.

• 19-April-2024
• Daksha Legal

Commercial Court is bound to order refund of the entire court fee when the matter is settled out of Court before recording evidence on the merits of the claim. Karnataka High Court.

• 18-April-2024
• Daksha Legal

Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.

• 18-April-2024
• Daksha Legal

When Court dismisses suit for declaration of title over the property, it cannot grant consequential relief of injunction. Karnataka High Court.

• 18-April-2024
• Daksha Legal

Trademarks Act. ‘’Stay of proceedings where the validity of registration of the trademark is questioned’’ under Section 124 applies even to the alternative plea of passing off. Karnataka High Court.

• 18-April-2024
• Daksha Legal

Violation of Principles of Natural Justice itself is an independent ground for review of Judgment/order under Order 47 Rule 1 of the Civil Procedure Code. Karnataka High Court.

• 18-April-2024
• Daksha Legal

Compact Disk containing telephonically recorded conversation with Certificate under Section 65B of the Evidence Act is admissible as secondary evidence. Karnataka High Court.

• 16-April-2024
• Daksha Legal

Irrespective of a party not filing appeal against dismissal of the suit for partition and separate possession, Court can grant relief in appeal invoking Order XLI Rule 33 of C.P.C. Karnataka High Court.

• 16-April-2024
• Daksha Legal

Family settlement/arrangement need not be among the joint family members having a right of succession but can include an outsider provided such a settlement/arrangement is fair and bona fide. Karnataka High Court.

• 16-April-2024
• Daksha Legal

Income Tax Act. Exemption from restriction on cash transaction can be claimed only for special exigencies the burden of proving is on the assessee. Karnataka High Court.

• 16-April-2024
• Daksha Legal

When agreement was entered in Gujarat and the work was executed in Kerala, Police/Magistrate at Bangalore do not have jurisdiction over the dispute simply because the complainant’s office is situated at Bangalore. Karnataka High Court.

• 15-April-2024
• Daksha Legal

Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.

• 15-April-2024
• Daksha Legal

Questions to be determined by the Court executing decree. Section 47 of the CPC cannot be resorted in a proceeding to execute an arbitral award. Karnataka High Court.

• 15-April-2024
• Daksha Legal

Karnataka Land Reforms Act. Adopted son who claims ownership by succession cannot claim tenancy under the deceased adopted father/mother. Karnataka High Court.

• 15-April-2024
• Daksha Legal

Expiry of arbitration mandate. For the purpose of calculating the period of twelve months, time during which arbitration proceedings were stayed by the Court has to be excluded. Karnataka High Court.

• 15-April-2024
• Daksha Legal

Karnataka Land Reforms Act. Person claiming tenancy cannot plead adverse possession. Karnataka High Court.

• 13-April-2024
• Daksha Legal

Expiry of the arbitration. When parties file claim, defence, counter-claim, rejoinder and surrejoinder, the last of the pleadings shall be taken as the starting point to calculate twelve months. Karnataka High Court.

• 13-April-2024
• Daksha Legal

Petition against a partnership firm or its directors is not maintainable under Section 95 of the Insolvency and Bankruptcy Code. Karnataka High Court quashes registration of the petition before the NCLT.

• 12-April-2024
• Daksha Legal

Hindu Law. Even at the stage of Final Decree Proceedings, shares of daughters are required to be redetermined in terms of the decision of the Supreme Court in Vineeta Sharma Case. Karnataka High Court.

• 12-April-2024
• Daksha Legal

Temporary injunction in Trademark cases. Even if two conflicting views are plausible, the Court has to lean in favour of the registered trademark to hold that the trade mark is prima facie valid. Karnataka High Court.

• 12-April-2024
• Daksha Legal

If a document seeking to convey immovable property ex-facie reveals that the vendor has no title over the same, specific declaration that the document is invalid is not necessary. Supreme Court.

• 12-April-2024
• Daksha Legal

Karnataka Excise Act. FIR cannot be registered only on the basis panchanama. Courts cannot act upon such FIRs. Karnataka High Court.

• 12-April-2024
• Daksha Legal

Entry in revenue records based on a Will. Karnataka High Court explains the procedure to be adopted.

• 10-April-2024
• Daksha Legal

Hindu Law. Bombay School of Mitakshara. Widow of a coparcener is entitled to an equal share as that of a son. Karnataka High Court.

• 10-April-2024
• Daksha Legal

Disputes arising out of a joint development agreement or sharing agreement cannot be converted into criminal proceedings invoking Section 420 IPC. Karnataka High Court.

• 10-April-2024
• Daksha Legal

Municipal Corporation cannot demand arrears of property tax as a condition for transfer of khata since property tax can be demanded only after entry of name of the owner in the Tax Payment Register. Karnataka High Court.

• 10-April-2024
• Daksha Legal

Indian Succession Act. Jurisdiction of the trial Court in relation to grant of Succession Certificate is in relation to place where the deceased ordinarily resided at the time of his death or where his movable properties are situated. Karnataka High Court

• 08-April-2024
• Daksha Legal

‘’Procedural safeguards are the life blood of liberty’’. Order of externment under the Karnataka Police Act should be passed only when there is minimum proximity or necessity for passing such order. Karnataka High Court.

• 08-April-2024
• Daksha Legal

Karnataka Souharda Sahakari Act. Assistant Registrar of Co-operative Societies has no power to wind up a Co-operative Society without the participation of the Federal co-operative, Union Cooperative, Creditors and other stakeholders. Karnataka High Court.

• 08-April-2024
• Daksha Legal

“Dependency on daughter does not end with her marriage”. Parents can seek compensation for the death of their daughter in a motor vehicle accident. Karnataka High Court.

• 08-April-2024
• Daksha Legal

Plaintiff furnishing fictitious/false address of defendant and then seeking substituted service is a serious issue. Courts must verify the facts before ordering substituted service. Karnataka High Court.

• 07-April-2024
• Daksha Legal

Second wife whose marriage was valid before coming into operation of the Hindu Succession Act, 1956 is entitled to inherit the properties of her husband in terms of Section 10. Karnataka High Court.

• 06-April-2024
• Daksha Legal

Execution Court can determine dispute between the existing parties to the proceedings relating to the Will left by a party who dies during the execution proceedings. Karnataka High Court.

• 06-April-2024
• Daksha Legal

Execution proceedings. Amendment of pleadings under Order VI Rule 17 CPC applies to objector/obstructor application under Order XXI Rule 97 CPC. Karnataka High Court.

• 06-April-2024
• Daksha Legal

Order XXII Rule 10 of CPC. Procedure in case of assignment before final order in suit applies even to a suit for permanent injunction. Karnataka High Court.

• 05-April-2024
• Daksha Legal

A person, whose claim for title is negatived, cannot maintain a suit for injunction. Karnataka High Court.

• 05-April-2024
• Daksha Legal

Negotiable Instruments Act. When Trust is holder of the cheque, complaint can be presented only by a person duly authorised by the Trust in that regard. Karnataka High Court.

• 05-April-2024
• Daksha Legal

When property is registered as Wakf contrary to law and in violation of principles of natural justice, such registration is liable to be quashed without driving the aggrieved parties to avail alternate remedy. Karnataka High Court.

• 05-April-2024
• Daksha Legal

Hindu Law. Widow who is remarried after the succession opened due to the death of her husband is entitled to a share in her late husband’s properties. Karnataka High Court.

• 04-April-2024
• Daksha Legal

Suit for partition. Final Decree, Court can exercise discretion to see whether it is feasible to allot the properties purchased by purchasers to the shares of defendants who had alienated the properties. Karnataka High Court.

• 04-April-2024
• Daksha Legal

Pre-condition that a male Hindu while taking in adoption has to seek consent of his wife does not apply in the case of a second wife whose marriage is void under the Hindu Succession Act, 1956. Karnataka High Court.

• 05-April-2024
• Daksha Legal

Incidental finding on title in earlier suit for injunction will not act as resjudicata in a later suit unless the relief for injunction was founded or based on the finding on title. Karnataka High Court.

• 04-April-2024
• Daksha Legal

Time spent in the execution petition filed before the Tahsildar seeking execution of Civil Court decree has to be excluded under Section 14 of the Limitation Act. Supreme Court.

• 04-April-2024
• Daksha Legal

Widow can contest ex-parte divorce decree even after the death of her husband. Supreme Court.

• 03-April-2024
• Daksha Legal

Stigma of divorce cannot haunt widow forever. Grant of Identity Card to widow of an ex-serviceman cannot be denied merely on the ground of exparte divorce decree obtained by husband. Karnataka High Court.

• 03-April-2024
• Daksha Legal

Motor Vehicles Act. Liability of the insurer continues even when the vehicle is leased to lessee. Driver continues to be employee of the lessor and is entitled for the compensation. Karnataka High Court.

• 04-April-2024
• Daksha Legal

Alienation of a minor’s property by a natural guardian does not become void from the date of its execution but shall be so construed only after it is declared so by a competent Court. Karnataka High Court.

• 03-April-2024
• Daksha Legal

‘’Mubarat’’ is a form of divorce by mutual consent recognized by Muslim Personal Law. Family courts are duty-bound to accept the Mubarat agreement between the parties to dissolve the marriage. Karnataka High Court.

• 03-April-2024
• Daksha Legal

Suit under Section 134 of the Trademarks Act can be instituted in a Court where neither the plaintiff nor the defendant resides or carries on business or personally works for gain but the cause of action has arisen in that place. Karnataka High Court.

• 03-April-2024
• Daksha Legal

Defamation. At the time of issuance of process for the offence under Section 499 IPC, it is not necessary to record statement of the witnesses. Karnataka High Court.

• 02-April-2024
• Daksha Legal

Power of attorney executed in favour of blood relatives as mentioned in the Karnataka Stamp Act need not be stamped as a document of conveyance. Karnataka High Court.

• 02-April-2024
• Daksha Legal

Residual provision of Article 137 of the Limitation Act, 1963 cannot be applied to prefer Revision Petition against the order passed by the Karnataka Waqf Tribunal. Karnataka High Court.

• 02-April-2024
• Daksha Legal

Cr.P.C. Order of the Magistrate taking cognizance need not be in his own handwriting. It could be computer-printer combination or a typewriter, electronic or otherwise and signed by the Magistrate. Karnataka High Court.

• 02-April-2024
• Daksha Legal

Adverse Possession as Sword. Plea of adverse possession can be raised by the plaintiff by filing a suit for declaration to perfect his title. Karnataka High Court.

• 01-April-2024
• Daksha Legal

Proceedings before the Lok–Adalat are not judicial proceedings. Lok-Adalat cannot entertain applications where Judicial orders are required to be passed. Karnataka High Court.

• 01-April-2024
• Daksha Legal

Anticipatory bail can be granted even after cognizance of an offence is taken and the chargesheet is filed. Karnataka High Court.

• 01-April-2024
• Daksha Legal

Government Tender. Constitutional Court cannot sit in the seat of Tender Scrutiny Committee and go on interfering at every stage of tender. Karnataka High Court.

• 31-March-2024
• Daksha Legal

‘’Indian parents adopting child in Uganda which is not a signatory to Hague Convention or under the Hindu Adoptions and Maintenance Act cannot be rendered remediless’’. Karnataka High Court directs issuance of No Objection Certificate.

• 01-April-2024
• Daksha Legal

Cross border adoption of foreign child by Indian parents. Authoritative judgement from the Karnataka High Court.

• 02-April-2024
• Daksha Legal

Civil Procedure Code. Order 8 Rule 6-A CPC. Counter claim can be filed even after filing the written statement. Restriction is only with respect to the accrual of the cause of action. Supreme Court.

• 30-March-2024
• Daksha Legal

A person who lost his suit for recovery of possession cannot make a plea to be in possession in a subsequent suit in respect of that property. Supreme Court.

• 30-March-2024
• Daksha Legal

Court cannot refer a case relating to non-compoundable offence to Lok Adalat and Lok Adalat has no jurisdiction to determine such case. Karnataka High Court.

• 28-March-2024
• Daksha Legal

Karnataka Land Reforms Act. Tenant has first option to purchase land held in tenancy. Karnataka High Court quashes permission granted by Tahsildar to sell the tenanted land to outsider.

• 28-March-2024
• Daksha Legal

Difference between ‘’bond’’ and ‘’agreement’’. Karnataka High Court explains with caselaws.

• 28-March-2024
• Daksha Legal

Bigamy. Mere participation in the wedding ceremony does not amount to commission of the offence punishable under Section 494 of IPC. Karnataka High Court.

• 27-March-2024
• Daksha Legal

Lokayukta has no power to make a recommendation to the Government that enquiry against a Government servant should be entrusted to Lokayukta only. Karnataka High Court.

• 27-March-2024
• Daksha Legal

Karnataka Municipalities Act. Without issuing Notification specifying the area within which construction is prohibited, action cannot be initiated under Section 189 of the Act. Karnataka High Court.

• 27-March-2024
• Daksha Legal

Governing Council of a University cannot make recommendation to the Disciplinary Authority/Registrar in the matter of imposition of penalty to the employees. Karnataka High Court.

• 26-March-2024
• Daksha Legal

Market value for the excess lands utilized for widening of National Highway has to be determined in commensurate with the market value determined in respect of the acquired land. Karnataka High Court.

• 27-March-2024
• Daksha Legal

Land acquisition. Urgency clause can be invoked only for sufficient reasons to be recorded in writing. Delay on the part of the acquiring body invalidates the proceedings. Karnataka High Court.

• 26-March-2024
• Daksha Legal

Payment of Gratuity Act. Service rendered by an employee as daily wager before his regularisation shall also be taken into account for the purpose of calculating the gratuity. Karnataka High Court.

• 26-March-2024
• Daksha Legal

Karnataka Stamp Act. Mere registration of a sale deed or its marking in evidence will not be a bar for the Court to impound the same if it is insufficiently stamped. Karnataka High Court.

• 26-March-2024
• Daksha Legal

Son/daughter born to second wife/void marriage are also entitled to seek employment on compassionate grounds. Karnataka High Court.

• 26-March-2024
• Daksha Legal

In a suit for injunction, valuation need not be split separately for Court fee and jurisdiction. It shall be valued only under Section 26(c) of the Karnataka Court Fees and Suits Valuation Act. Karnataka High Court.

• 26-March-2024
• Daksha Legal

Suit for permanent injunction cannot be dismissed on the ground that declaration of title is not claimed if the plaint shows that plaintiff’s claim is based on his title or right asserted in the body of the plaint. Karnataka High Court.

• 25-March-2024
• Daksha Legal

Negotiable Instruments Act. Maximum 20% that can be ordered by the Magistrate to deposit as interim compensation under Section 143-A may be also below 20%. Karnataka High Court.

• 25-March-2024
• Daksha Legal

Karnataka Land Reforms Act. Even the land which is ‘capable of being used for agricultural purposes’ has to be construed as an agricultural land. Existence of houses assessed for property tax is irrelevant. Karnataka High Court.

• 25-March-2024
• Daksha Legal

Even in the absence of declaratory relief, Court can grant the relief of perpetual injunction with regard to the exercise of easmentary right over the property. Karnataka High Court.

• 25-March-2024
• Daksha Legal

MV Act. When the income declared by a person engaged in a profession or business is not stable, in order to assess the income, the average of the income of the years considered would be appropriate. Karnataka High Court.

• 25-March-2024
• Daksha Legal

Complainant who settles matter before the Lok Adalat can execute the settlement as a decree before a Civil Court or proceed under Section 431, Cr.P.C depending on the terms of the compromise. Karnataka High Court.

• 23-March-2024
• Daksha Legal

Negotiable Instruments Act. Section 138 not only includes the cheques issued towards the discharge of any debt, but other liability also. Karnataka High Court.

• 23-March-2024
• Daksha Legal

Bombay Public Trust Act. Though alienation of immovable property by the public trust without the previous sanction of the Charity Commissioner is null and void, the challenge to such alienation shall be made within reasonable time. Karnataka High Court.

• 22-March-2024
• Daksha Legal

Negotiable Instruments Act. Power of Courts to order interim compensation under Section 143(A) can be only in respect of the offences committed after the introduction of the Section in the statute book. Karnataka High Court.

• 22-March-2024
• Daksha Legal

Lands allotted to family members in partition cannot be included in the declarant’s account for the purpose of deciding excess land under the Karnataka Land Reforms Act. Karnataka High Court.

• 22-March-2024
• Daksha Legal

When the action of a public servant is not in discharge of duty as a public servant, no protection is available to such an officer under Section 353 of the IPC. Karnataka High Court.

• 22-March-2024
• Daksha Legal

Employer is bound to deduct agreed amount from the salary of member of co-operative society when there is agreement to this effect with prior concurrence with the employer. Karnataka High Court.

• 22-March-2024
• Daksha Legal

Negotiable Instruments Act. Mentioning wrong cheque number in the notice amounts to non-compliance of section 138(b) and vitiates the proceedings. Karnataka High Court.

• 21-March-2024
• Daksha Legal

When a person has been in possession of immovable property for a long time with revenue entries continuously in his name, there is no impediment to declare his title though he is not in a position to produce any document of title. Karnataka High Court.

• 21-March-2024
• Daksha Legal

Inter-State transmission of electricity under Section 11 of the Electricity Act 2003 can be regulated only by the Central Government. Karnataka High Court nullifies order of the State Government.

• 21-March-2024
• Daksha Legal

‘’Provide video-conferencing facility for the undertrial prisoners to interact with their counsel and family members’’. Karnataka High Court directs establishment of robust video conferencing facility in the prisons.

• 21-March-2024
• Daksha Legal

A document though compulsorily registrable not having been registered can be marked in evidence leaving its admissibility to be considered at appropriate stage. Karnataka High Court.

• 21-March-2024
• Daksha Legal

Suit for specific performance. When the sale agreement itself is doubtful, Courts cannot exercise power under Section 20 of the Specific Relief Act to grant the decree. Karnataka High Court.

• 20-March-2024
• Daksha Legal

Negotiable Instruments Act. When the transaction is admitted, complaint is maintainable even when the cheque was issued as security. Karnataka High Court.

• 20-March-2024
• Daksha Legal

Negotiable Instruments Act. Initially, the complainant need not prove his case. Once the ingredients of Section 138 of N.I. Act are satisfied, the burden lies on the accused to rebut the presumption. Karnataka High Court.

• 20-March-2024
• Daksha Legal

When a document which is required to be stamped is not sufficiently stamped, even the copy of such document is not admissible as secondary evidence. Karnataka High Court.

• 20-March-2024
• Daksha Legal

Karnataka Co-operative Societies Act. Challenge to sale deed executed by member of a co-operative society in favour of a non-member cannot be subject matter of dispute under section 70. Karnataka High Court.

• 20-March-2024
• Daksha Legal

Negotiable Instruments Act. Arbitration clause in the contract between the parties is not a bar to initiate proceedings under Section 138. Karnataka High Court.

• 19-March-2024
• Daksha Legal

Indian Succession Act. While granting Letters of Administration to the sole legal heir of the deceased, Court has no power to impose condition of non-alienation of the property on the petitioner. Karnataka High Court.

• 19-March-2024
• Daksha Legal

Application for extension of time to file chargesheet takes priority over an application for default bail when both the applications are filed on the same day. Karnataka High Court.

• 19-March-2024
• Daksha Legal

Intestate succession. Deceased leaving his brother and widow of his second brother. Brother, as Class-II heir, excludes the widow who falls in entry VI. Karnataka High Court.

• 19-March-2024
• Daksha Legal

Though Civil Court has no jurisdiction to declare caste of a person, it has jurisdiction to direct correction of entry in school records as per the Caste Certificate. Karnataka High Court.

• 19-March-2024
• Daksha Legal

Power of the Courts to order a person to undergo medical test can be exercised only if there is a strong prima facie case and sufficient material. Karnataka High Court rejects husband's plea to subject his wife to medical test, with exemplary costs.

• 18-March-2024
• Daksha Legal

Unstamped partition deed cannot be relied upon for the purpose of enforcing pre-emption clause contained therein. Karnataka High Court.

• 18-March-2024
• Daksha Legal

Criminal Law. Charge sheet filed by prosecution alleging several charges need not form a part of framing of charge in every case. Karnataka High Court orders redrawing of chargesheet in Murugha Mutt case.

• 18-March-2024
• Daksha Legal

N.I. Act. Complaint filed before the expiry of 15 day’s notice period is non-est in the eye of law. Court cannot take cognizance of such complaint even after the lapse of 15 days notice period. Karnataka High Court.

• 16-March-2024
• Daksha Legal

Pendency of an application for anticipatory bail is not a bar for the Trial Court to issue/proceed with steps for proclamation and to take steps under Section 83, Cr.PC, in accordance with law. Supreme Court.

• 16-March-2024
• Daksha Legal

''Wardi transfer'' or ''Mutation entry transfer'' is not a recognised mode of transfer of property under the Transfer of Property Act. Karnataka High Court.

• 15-March-2024
• Daksha Legal

Negotiable Instruments Act. When a premature complaint is dismissed as not maintainable, the complainant can institute fresh proceedings by explaining the delay. Karnataka High Court.

• 15-March-2024
• Daksha Legal

In a suit for cancellation of a document, it is the value and not the market value of the suit property that has to be taken into consideration for the purpose of determining the Court fee. Karnataka High Court.

• 15-March-2024
• Daksha Legal

Hindu Succession Act. Children of predeceased son or daughter of a woman dying intestate are also entitled to share along with children of the woman as Class-I heirs. Karnataka High Court.

• 15-March-2024
• Daksha Legal

Sale of ancestral property. Recitals in the sale deed of legal necessity do not by themselves prove the legal necessity though they are admissible in evidence. Karnataka High Court.

• 15-March-2024
• Daksha Legal

Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.

• 14-March-2024
• Daksha Legal

Court in exercise of its power under Article 226 of the Constitution of India cannot sit as an Appellate Authority over the order passed by a statutory authority. Karnataka High Court.

• 14-March-2024
• Daksha Legal

Decree of mere declaration of title granted by trial court cannot be set aside when the plaintiffs had sought for other consequential reliefs also in their suit. Karnataka High Court.

• 14-March-2024
• Daksha Legal

Nominee of Bank deposit is only a trustee to receive the amount in deposit on behalf the legal heirs of the deceased account holder. He cannot have the preferential right to the exclusion of the legal representatives. Karnataka High Court.

• 14-March-2024
• Daksha Legal

‘’Public authority withholding pension by imposing penalty after penalty without holding enquiry shocks the conscience of the Court’’. Karnataka High Court directs payment of costs and pension to the retired employee.

• 14-March-2024
• Daksha Legal

Necessary parties in a suit for partition. Karnataka High Court explains the legal position.

• 13-March-2024
• Daksha Legal

Order releasing the amount deposited under Section 148(3) N.I. Act does not amount to intermediate order since it is an interlocutory order. Revision before the High Court under Section 397 Cr.P.C. is not maintainable. Karnataka High Court.

• 13-March-2024
• Daksha Legal

Purchase of land and constructions put up subsequent to acquisition proceedings do not confer any right over the purchaser. Such person cannot maintain a suit for injunction against the acquiring body. Karnataka High Court.

• 13-March-2024
• Daksha Legal

Concept of ''reasonable doubt'' in criminal cases. Authoritative judgment of the Karnataka High Court.

• 13-March-2024
• Daksha Legal

Earnest money in sale transaction represents guarantee that purchaser will perform his part of the contract. It can be forfeited only when the transaction fails by reasons of the default or failure of the purchaser and not otherwise. Karnataka High Court.

• 13-March-2024
• Daksha Legal

Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.

• 12-March-2024
• Daksha Legal

Urban Land (Ceiling and Regulations) Act. Revenue Inspector is not competent to take possession of the excess land. Violation results in restoration of land to the owners. Karnataka High Court.

• 12-March-2024
• Daksha Legal

In a proceeding under Section 163-A of the MV Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation. Karnataka High Court.

• 12-March-2024
• Daksha Legal

Plaint can be rejected on the ground of resjudicata if the claim in the subsequent suit is based on the status of a person (adoption) already negatived in the earlier suit. Karnataka High Court.

• 11-March-2024
• Daksha Legal

Independent suit to set aside compromise decree is maintainable by a person who was not a party to the compromise decree. Karnataka High Court.

• 11-March-2024
• Daksha Legal

Accused who is not charged with the predicate offence can still be prosecuted for the offence under the Prevention of Money Laundering Act. Karnataka High Court.

• 11-March-2024
• Daksha Legal

When the land is considered as reserved forest, neither saguvali chit nor the revenue entries confer any right on the person who claims to be in possession. Karnataka High Court.

• 11-March-2024
• Daksha Legal

Obtaining Succession Certificate by producing fabricated relinquishment deed. Cognizance of such offence can be taken only upon a complaint in writing of that Court or by any person authorized as stated under Section 195 of Cr.PC. Karnataka High Court.

• 12-March-2024
• Daksha Legal

Transfer of Property Act. Duration of lease of immovable property for agricultural or manufacturing purposes under Section 106 need not necessarily be from year to year when the contract between the parties is for a lesser period. Karnataka High Court.

• 11-March-2024
• Daksha Legal

Court cannot take into consideration artificial deductions by husband showing lesser take-home salary to avoid maintenance payable to wife and children. Karnataka High Court.

• 09-March-2024
• Daksha Legal

Commission earned by payment aggregator, without the knowledge of the criminality, cannot be termed as facilitating illegal money transfer to invoke Section 3 of the Prevention of Money Laundering Act. Karnataka High Court.

• 09-March-2024
• Daksha Legal

Land Acquisition Act. Delay in issuing preliminary and final notification has material bearing on the question of invocation of urgency power. Karnataka High Court.

• 09-March-2024
• Daksha Legal

When tenancy is governed under the Karnataka Rent Act, Civil Court has no jurisdiction to pass a decree for possession of the tenanted property. Karnataka High Court.

• 09-March-2024
• Daksha Legal

Property inherited by woman from her father will revert to her father’s heirs if she dies issueless. Hence the woman’s husband is not a necessary party in the suit for partition of the said property. Karnataka High Court.

• 07-March-2024
• Daksha Legal

Auction purchaser withdrawing from the sale due to the property embroiled in further litigation is entitled for refund of the deposit amount under Order XXI Rule 86 of CPC. Karnataka High Court.

• 07-March-2024
• Daksha Legal

Doctors who do not possess post-graduation or super-specialty degree cannot perform surgery. Karnataka High Court.

• 07-March-2024
• Daksha Legal

Procedural laws should advance substantial justice to the parties. Technicalities should not come in the way of extending benefits to litigants who approach the Court with clean hands. Karnataka High Court.

• 07-March-2024
• Daksha Legal

When a vehicle is used for hire and reward contrary to the terms of the policy, liability of the insurance company cannot be extended to the owner of the vehicle. Karnataka High Court.

• 06-March-2024
• Daksha Legal

When counsel for appellant is absent and counsel for the respondent is present, the only course open to the appellate Court is to dismiss the appeal for non-prosecution. The appeal cannot be decided on merits. Karnataka High Court.

• 06-March-2024
• Daksha Legal

Daughter-in-law cannot claim maintenance against her parents-in-law under Section 125 of the Criminal Procedure Code. Karnataka High Court.

• 06-March-2024
• Daksha Legal

‘’There is need for improvement in pleadings filed in the Trial Courts and in the High Courts’’. Supreme Court.

• 06-March-2024
• Daksha Legal

Employees State Insurance Act does not apply to workmen employed in mining activity. Karnataka High Court.

• 06-March-2024
• Daksha Legal

Estoppel. Party taking advantage under a compromise decree cannot question the decree for want of jurisdiction. Karnataka High Court.

• 05-March-2024
• Daksha Legal

A litigant cannot assert title based on entries in the revenue records and mere entry in the revenue records will not constitute an act of adverse possession. Karnataka High Court.

• 05-March-2024
• Daksha Legal

Payment of Gratuity Act. Impleading principal instead of the management in claim before the Controlling Authority will not vitiate the proceedings. Karnataka High Court.

• 05-March-2024
• Daksha Legal

Once a suit is found to be barred by limitation, the Court cannot go into merits of the case and give findings on other issues. Karnataka High Court.

• 05-March-2024
• Daksha Legal

MV Act. Tribunal cannot simply rely on the pleadings by claimant about his income while applying Section 163A. Tribunal can independently assess the income to give benefit of the section. Karnataka High Court.

• 04-March-2024
• Daksha Legal

‘’Job of wife also as a mother is indefatigably round the clock.’’ Karnataka High Court awards higher maintenance to wife who was forced by husband to quit her job to take care of the children.

• 04-March-2024
• Daksha Legal

Negotiable Instruments Act. When conviction is set aside based on compromise, Court must impose condition that the deviation from the compromise will automatically result in restoration of the proceedings. Karnataka High Court.

• 04-March-2024
• Daksha Legal

Employers Compensation Act is a beneficial Legislation which requires liberal interpretation. Liability of the insurer cannot be limited to the actual wages paid by the employer. Karnataka High Court.

• 04-March-2024
• Daksha Legal

Claim for occupancy rights under the Mysore (Religious and Charitable) Inams Abolition Act cannot be considered without impleading the Temple or the endowment officer as party respondents. Karnataka High Court.

• 04-March-2024
• Daksha Legal

Civil Court has jurisdiction to decide shares of joint family members in the properties in respect of which occupancy rights are granted by the Land Tribunal. Karnataka High Court.

• 02-March-2024
• Daksha Legal

Review order by the Commissioner under Section 114A of the Karnataka Municipal Corporations Act. The Standing Committee cannot interfere with the order since it has no appeal power. Karnataka High Court.

• 01-March-2024
• Daksha Legal

Karnataka Municipal Corporation Act. Inaction on the part of the Corporation to consider building plan within the timeframe results in deemed sanction to put up construction in accordance with building bye-laws. Karnataka High Court.

• 01-March-2024
• Daksha Legal

Principle that respondent can question adverse finding in judgment without filing an appeal does not apply to an adverse decree against him. Karnataka High Court.

• 01-March-2024
• Daksha Legal

In a suit for ejection, Court fee is payable only on the rental amount and not on security deposit, premium or an advance or as a security deposit. Karnataka High Court.

• 01-March-2024
• Daksha Legal

Procedure to be followed by BBMP in cases of reopening self-assessment where returns are not filed and in cases of random scrutiny. Karnataka High Court lays down guidelines.

• 01-March-2024
• Daksha Legal

Change of use under Section 14A of the Karnataka Town and Country Planning Act is not a condition precedent for conversion of land for non-agricultural purposes under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.

• 29-February-2024
• Daksha Legal

Property tax exemption to educational institutions. There is no need to file application seeking exemption unless the Corporation disputes usage of property exclusively for educational purposes. Karnataka High Court.

• 29-February-2024
• Daksha Legal

Suit cannot be dismissed for non-payment of Court fee. Proper course is to calculate deficit court fee and call upon the plaintiff to pay failing which to reject the plaint under Order 7 Rule 11(b) CPC. Karnataka High Court.

• 29-February-2024
• Daksha Legal

Karnataka Land Reforms Act. Land Tribunal on the passing of an order either rejecting or granting occupancy rights has no power to consider the claim on merits even if it is by consent of the tenant. Karnataka High Court.

• 29-February-2024
• Daksha Legal

Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.

• 28-February-2024
• Daksha Legal

Compromise decree in respect of ancestral properties among the coparceners can be passed even when the shares of the compromising parties to the suit are not defined by partition. Karnataka High Court.

• 28-February-2024
• Daksha Legal

Occupancy rights under the Karnataka Land Reforms Act can be granted in respect of lands lawfully leased before the commencement of the Karnataka Village Offices Abolition Act and subsisting as on the appointed date. Karnataka High Court.

• 28-February-2024
• Daksha Legal

Service Law. Husband undergoing vasectomy as a condition for availing maternity leave by wife applies even in cases where the husband undergoes tubectomy. Karnataka High Court.

• 28-February-2024
• Daksha Legal

Person who is charged for an offence under Section 307 of IPC can be convicted for the offence under Sections 324 or 325 of IPC as the case may be if the ingredients of the said offence are attracted. Karnataka High Court.

• 28-February-2024
• Daksha Legal

When plaintiff’s suit for specific performance is barred by time, the defendant’s counter claim for possession can be granted by the Court. Karnataka High Court.

• 28-February-2024
• Daksha Legal

The advantage of omission of Sections 79A and 79B of the Karnataka Land Reforms Act is available even to pending review petition before the Appellate Tribunal. Karnataka High Court.

• 27-February-2024
• Daksha Legal

Suit by minor challenging sale of property by his father/mother should be filed within three years from the date of attaining majority and not from the date of knowledge of the sale transaction. Karnataka High Court.

• 27-February-2024
• Daksha Legal

Land granted by way of public auction on upset price to SC/ST persons cannot be considered as ‘’granted land’’ within meaning of Karnataka SC/ST (PTCL) Act. Karnataka High Court.

• 27-February-2024
• Daksha Legal

Land Acquisition Act. Even when the application under Section 18 is dismissed on the ground of delay, the landowner can make an application under Section 28A for re-determination of the amount of compensation. Karnataka High Court.

• 26-February-2024
• Daksha Legal

''Political parties and elected representatives deserve reasonable protection of reputation from insulting words which are a form of uncivilised violence and intimidation''. Karnataka High Court while rejecting BJP challenge to prosecution u/s 500 IPC.

• 27-February-2024
• Daksha Legal

Disqualification of membership in a Co-operative Society on being appointed as paid employee in the same Society. The membership will not automatically revive upon resignation to the employment. Karnataka High Court.

• 26-February-2024
• Daksha Legal

Pendency of civil or criminal case cannot be a ground to refuse entry in the property registers as to the encumbrance in respect of a registered document. Karnataka High Court.

• 26-February-2024
• Daksha Legal

Membership in a Co-operative Society is the basic eligibility to contest in an election. In addition, the member has to fulfil additional eligibility criteria if any fixed under the Statute and Bye-law applicable. Karnataka High Court.

• 26-February-2024
• Daksha Legal

Political party is liable for prosecution for defamation under Section 500 of the Indian Penal Code. Karnataka High Court.

• 26-February-2024
• Daksha Legal

Scheme formed by Bank denying compassionate appointment to married daughter of a deceased employee cannot be termed as discriminatory or violative of Article 15 of the Constitution. Karnataka High Court.

• 27-February-2024
• Daksha Legal

Prosecution has no right to apply for modification of the chargesheet under Section 216 and 217 of the Cr.P.C. Only the trial Court can suo motu exercise power to alter the chargesheet. Karnataka High Court.

• 24-February-2024
• Daksha Legal

‘’Land acquisition for public purpose. Procedural defects which do not go to the root of the matter should not be permitted to defeat a just cause’’. Karnataka High Court while upholding land acquisition by the BDA.

• 24-February-2024
• Daksha Legal

Custodian for Enemy Property in India or the Union of India cannot assume ownership of the enemy properties once the said properties are vested in the Custodian. Supreme Court.

• 24-February-2024
• Daksha Legal