Judgements

Transfer of Property Act 1882. A purchaser cannot have a better title than what his vendor had. Supreme Court

21-February-2013

Daksha Legal
Contract Act. Contractually-stipulated interest rate if found to be penal excessive or in terrorem can be reduced by Court to a reasonable rate of compensation. Supreme Court

17-February-2021

Daksha Legal
Judicial review. Presence of arbitration clause in a contract between a state instrumentality and a private party not a bar to avail remedy under Article 226 when the state instrumentality violates constitutional mandate to act fairly and reasonably. SC

17-February-2021

Daksha Legal
Compromise Decree. A consent decree would not serve as an estoppel where the compromise was vitiated by fraud misrepresentation or mistake. Supreme Court.

17-February-2021

Daksha Legal
Civil Procedure Code. Transposition of Defendant as Plaintiff. Filing of counterclaim by defendant is not a condition for transposition. What is required for transposition is not the Counterclaim but an identity of interest. Karnataka High Court.

17-January-2023

Daksha Legal
Conditional decree for specific performance. Conditions not fulfilled by plaintiff. Results in automatic dismissal of the suit itself. Court has the power to extend time. But if the plaintiff commits repeated defaults the decree is lost. Supreme Court.

27-March-2015

Daksha Legal
Criminal Law. Grant of leave to compound offence is neither automatic nor to be accepted mechanically by courts. Duty cast on court to look into the nature of offence and evidence to satisfy itself whether permission should be granted. Supreme Court

11-February-2021

Daksha Legal
Criminal Law. Sudden fight resulting in death due to septicaemia. Culpable homicide not amounting to murder and culpable homicide amounting to murder discussed. On facts act of accused falls under Exception 4 to Section 300. Supreme Court

11-February-2021

Daksha Legal
Suo Motu action regarding functioning of the Juvenile Justice Boards in the State. Karnataka High Court issues interim directions.

16-February-2021

Daksha Legal
Public Sector Banks lending huge loans without adequate securities is a matter of great concern. Law makers and Reserve Bank of India must re-visit the lending guidelines and take necessary remedial measures. Karnataka High Court

12-February-2021

Daksha Legal
Education. Though the Court cannot pronounce upon the curriculum and pedagogy of any course as an expert it can certainly examine correctness of University stand that a student does not hold a qualification equivalent to a particular course. Supreme Court

16-February-2021

Daksha Legal
Recovery of Debts and Bankruptcy Act. Deposit of amount of debt due on filing appeal under Section 21. Waiver of predeposit to the entire extent is not permissible. Supreme Court.

16-February-2021

Daksha Legal

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