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  Evidence Act. Presumption as to documents thirty years old under Section 90 does not apply to Wills which require to be proved strictly in accordance with Section 68 of the Act. Karnataka High Court.

  • 28-February-2025
  • Daksha Legal
• 

  Reservation of land under the planning enactments for public purpose lapses if the land not acquired within the stipulated period. Once the reservation lapses, the land is free for development, and planning authorities cannot impose restrictions on its use indefinitely. Supreme Court.

  • 28-February-2025
  • Daksha Legal
• 

  The 45-day limitation period under Section 17(1) of the SARFAESI Act is mandatory and cannot be extended. The DRT lacks the power to condone delay, and courts cannot intervene to relax statutory time limits based on equitable considerations. Karnataka High Court.

  • 26-February-2025
  • Daksha Legal
• 

  A suit seeking a declaration regarding matrimonial status, whether affirmative or negative, falls within the exclusive jurisdiction of the Family Court under Section 7(1)(b) of the Family Courts Act, 1984. The nature of relief sought does not affect maintainability, and Civil Courts are barred from entertaining such suits. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal
• 

  A long-serving temporary employee working in a sanctioned vacant post cannot be denied regularization based on procedural technicalities, especially when barred from direct recruitment due to age restrictions. Arbitrary denial of regularization violates Articles 14 and 16 of the Constitution, and courts can issue mandamus to ensure fair employment practices. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. No confidence motion against Adhyaksha or Upadhyaksha. Notice to them can be issued even before the expiry of 10 days from the date of receipt of the requisition. However, the 15-day notice period for convening the meeting is mandatory. Karnataka High Court.

  • 27-February-2025
  • Daksha Legal
• 

  Interpretation of Statute. An exemption, concession, or exception must be strictly construed, except where the statute’s context and purpose allow flexibility. If conditions are required for exemption, they must be met precisely, though minor noncompliance with directory provisions may be excused if it does not affect the essence of the exemption. Supreme Court.

  • 27-February-2025
  • Daksha Legal
• 

  Hindu Law. Limited right of widow prior to 1956 in the form of 'life estate' becomes absolute right after coming into force of the Hindu Succession Act. Karnataka High Court.

  • 25-February-2025
  • Daksha Legal
• 

  Rejection of Plaint. Adjudication of the plea of resjudicata requires consideration of the pleadings, issues and decisions in the previous suit. Plaint cannot be rejected under such circumstances. Karnataka High Court.

  • 25-February-2025
  • Daksha Legal
• 

  ‘’Legislation should be drafted in simple, concise language, supported by illustrative examples’’. Karnataka High Court emphasizes the need for regular amendments and clarifications to ensure that laws align with constitutional court judgments.

  • 24-February-2025
  • Daksha Legal
• 

  Specific performance. Lack of pleadings in a particular format cannot be a ground to deny specific performance of the agreement when the plaintiff exhibits blemishless conduct, readiness and willingness. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal
• 

  Negotiable Instruments Act. Return of the cheque with endorsement ‘’Bank under liquidation as per the order of the Reserve Bank of India’’ does not attract the provisions of Section 138. Karnataka High Court.

  • 24-February-2025
  • Daksha Legal