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  Panchayat Raj. A notice for a motion of no confidence against the Adhyaksha of a Gram Panchayat cannot be issued suo moto by the Assistant Commissioner. It must be preceded by a valid requisition signed by the requisite number of members. Karnataka High Court.

  • 08-February-2025
  • Daksha Legal
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  A dispute arising out of a Share Purchase Agreement does not amount to a commercial dispute under the Commercial Courts Act, 2015. Such matters should be adjudicated by a regular civil court and not by a Commercial Court. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. A joint account holder who has not signed a cheque cannot be prosecuted under Section 138. Merely holding a joint account does not attract penal consequences. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  PTCL Act. A claim for restitution of granted lands must be pursued within a reasonable time. Although the PTCL Act does not prescribe a limitation period, claims made after an unreasonably long delay are barred by the doctrine of laches. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  The right to claim arrears of maintenance is not completely extinguished by Section 125(3) Cr.P.C. Limitation of one year applies only to the mode of recovery through fine and imprisonment. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  Income Tax Act. A bonafide belief based on legal opinion from tax experts and legal professionals can constitute a reasonable cause under Section 273B, thereby exempting the assessee from penalty under Section 271C for non-deduction of TDS. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  Criminal law cannot be used to settle civil disputes when ownership and possession of the disputed land are already subject to adjudication in a civil court. Hence, criminal proceedings under Section 447 IPC (Criminal Trespass) cannot not be sustained. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  Anticipatory bail. Though Sessions Court and High Court have concurrent jurisdiction in entertaining and deciding a petition for bail, in the absence of exceptional circumstances, the accused must first approach the Sessions Court. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  A secured creditor cannot offer a property to the second-highest bidder through private negotiations if the highest bidder defaults. A fresh auction is mandatory under Rule 9(3) of SARFAESI Rules, 2002. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  Land Acquisition. The decision to notify acquisition is essentially of the Executive, be it by way of urgency or in usual course. Writ Courts cannot undertake a deeper examination of such decisions, that are made on the basis of a host of factors which by their very nature are not judicially assessable. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  Though a Will must be proved as required under Section 63 of the Indian Succession Act, strict mathematical accuracy is not required; satisfaction of a prudent mind is sufficient. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  Natural Justice. Penalty order must not travel beyond the bounds of the show cause notice. Any additional grounds or allegations included in the final order that were not part of the notice render the action unlawful. Karnataka High Court.

  • 05-February-2025
  • Daksha Legal