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Judgements
When there is a conflict between BBMP building byelaws and the Zonal Regulations framed under the Karnataka Town and Country Planning Act, the latter prevails. Karnataka High Court.
18-March-2025
Daksha Legal
A co-owner cannot enter into a sale agreement for the entire property without the consent of other co-owners. An agreement executed by a co-sharer without full ownership rights is not enforceable under Section 17 of the Specific Relief Act, 1963. Karnataka High Court.
18-March-2025
Daksha Legal
Hindu Succession Act. An unborn child’s right under Section 20 applies only when the father dies intestate and cannot be invoked when the father is alive. Karnataka High Court.
18-March-2025
Daksha Legal
Karnataka Micro Loan and Small Loan Prevention of Coercive Actions Ordinance, 2025 does not apply to Hire Purchase and applies only to unsecured microfinance loans. Karnataka High Court.
17-March-2025
Daksha Legal
'The Ordinance has taken birth from the womb of social justice'. Karnataka High Court upholds the constitutional validity of the Karnataka Micro Loan and Small Loan Prevention of Coercive Actions Ordinance, 2025.
17-March-2025
Daksha Legal
Mere criticism or questioning of a public representative in a political or public discourse does not amount to defamation unless it demonstrably lowers their reputation in the eyes of right-thinking members of society. Statements made in good faith for public interest fall under the exception to Section 499 IPC and are not actionable as defamation. Karnataka High Court.
18-March-2025
Daksha Legal
A charge sheet is deemed to be filed within the statutory period if it bears the judicial endorsement of receipt within the prescribed timeframe, even if it is later processed by the court registry. The right to default bail is extinguished once the charge sheet is filed within the mandatory period. Karnataka High Court.
17-March-2025
Daksha Legal
An FIR cannot be quashed at the investigation stage merely on the ground of political vendetta if the allegations disclose a cognizable offense. Karnataka High Court.
17-March-2025
Daksha Legal
Hindu Succession Act. When a person with a living daughter is adopted into another family, the daughter remains a part of her natural family and retains her right to inherit a share of her natural family's ancestral property. Karnataka High Court.
16-March-2025
Daksha Legal
Service Law. A suspension order cannot be sustained if it is based solely on a criminal case that has been quashed. Continued suspension, in the absence of periodic review is illegal. Karnataka High Court.
17-March-2025
Daksha Legal
A service provider is entitled to reimbursement of additional tax liability arising due to statutory changes. An arbitration clause does not bar writ jurisdiction when public law principles or contractual fairness are involved. Karnataka High Court.
17-March-2025
Daksha Legal
The Karnataka Victim Compensation Scheme applies only to victims of crimes requiring rehabilitation and explicitly excludes compensation for road accident victims covered under the Motor Vehicles Act. Karnataka High Court.
15-March-2025
Daksha Legal
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