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  There is no limitation period for enforcing an order of maintenance under Section 125 of the Cr.P.C. While recovery of arrears within one year of the due date can be enforced through a warrant for levying fines and potential imprisonment, other modes of recovery are available for claims made beyond this period. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  A 30-year lease deed is not mandatory for establishing a pre-primary school. The Government notification exempts pre-primary schools from the land requirements applicable to other educational institutions. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  A preliminary notification for land acquisition could be quashed if the authorities fail to proceed with the acquisition process within a reasonable time, even if the law does not prescribe a specific time limit. A reasonable period for issuing the final notification is two years. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  Once there is a registered document, the revenue authorities are bound to take cognizance of transfer of immovable property and act accordingly. An agreement holder cannot object to mutation proceedings. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  Appeal under Section 372 of Code of Criminal Procedure against acquittal. The appellate court should not disturb a trial court's acquittal unless the trial court's appreciation of evidence is capricious or its conclusions are without evidence. Karnataka High Court.

  • 03-April-2025
  • Daksha Legal
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  Land acquisition initiated under the 1894 Act. If compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the 2013 Act, the compensation is required to be determined as per the provisions of the said 2013 Act. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. When there is a dispute over phodi and durasthi of land, and a civil suit is already pending to determine the rights and claims of the parties, the Deputy Commissioner lacks the authority to interfere in those matters. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
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  Abuse of process of Law. Party/plaintiff playing fraud on court/defendant and dispossessing rightful occupants. Karnataka High Court upholds conviction of imprisonment and fine.

  • 02-April-2025
  • Daksha Legal
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  Criminal Law. Separate trials for distinct offenses are not inherently illegal. However, if offenses could've been tried jointly and separation prejudices the accused, a joint trial is warranted. The key factor is whether the separate trial compromised the accused's rights or led to a miscarriage of justice. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
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  Caste verification. Appellate Authority can be regarded as ‘Functus Officio’ only after an order on merits is passed. If no order on merits is passed and the appeal is withdrawn, it cannot be said that the Appellate Authority is rendered ‘Functus Officio’. Karnataka High Court.

  • 02-April-2025
  • Daksha Legal
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  Bombay Tenancy and Agriculture Lands Act. A subsequent purchaser cannot set up a claim of surrender of tenancy to the landlord in terms of Subsection (3) of Section 5. It is for the landlord to have set up such a surrender and established the same. Karnataka High Court.

  • 31-March-2025
  • Daksha Legal
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  A General Power of Attorney duly executed and notarized carries a presumption of validity under Section 85 of the Indian Evidence Act. Mere execution of a cancellation deed and its registration under Book IV of the Registration Act does not amount to constructive notice to third parties. Karnataka High Court.

  • 01-April-2025
  • Daksha Legal