• 

  Minimum Wages Act. Notification under Section 5(1) though a subordinate legislative piece, precedes the statutory process and must be informed by compliance of principles of natural justice by giving the party interested a hearing. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
• 

  When a caveat is filed so long as the name of the caveator and caveated whom it is filed match, the said caveat is required to be put up in the suit/application/proceedings, irrespective of the classification, if any, shown in the caveat. Karnataka High Court.

  • 07-January-2025
  • Daksha Legal
• 

  Objection regarding jurisdiction over the subject matter can be raised even in the second appeal. Objection with respect to territorial or local jurisdiction and pecuniary jurisdiction shall be raised at the earliest stage. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
• 

  A living person has no heir under the Mohammedan Law. The right of an heir-apparent comes into existence for the first time on the death of the ancestor, and not before that. Supreme Court.

  • 04-January-2025
  • Daksha Legal
• 

  Plea of res judicata can be given effect only when the litigating parties are the same, the subject matter of suits are identical and the matter must have been finally decided between the parties by a Court of competent jurisdiction. Supreme Court reiterates.

  • 04-January-2025
  • Daksha Legal
• 

  Minimum Wages Act. Employers and Employers Association have interest in the matter of fixation of minimum wages. Notification under the Act cannot be challenged without making employers/association as parties to the writ petition. Karnataka High Court.

  • 03-January-2025
  • Daksha Legal
• 

  Gift under the Mohammedan Law. If the conditions prescribed by law are fulfilled, the gift is valid, even though it is not registered. If the conditions are not fulfilled, the gift is not valid even though it is registered. Supreme Court.

  • 02-January-2025
  • Daksha Legal
• 

  Order XXVI Rule 9 of CPC. In a suit for permanent injunction/possession, commissioner cannot be appointed to find out location, boundaries and details of the property. The plaintiff must be definite about the suit schedule property. Karnataka High Court.

  • 31-December-2024
  • Daksha Legal
• 

  The purpose of mutation entry is only limited to revenue records. They do not, in any way, translate to or confer any title in regard to the subject matter property. Supreme Court.

  • 30-December-2024
  • Daksha Legal
• 

  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