• 

  Executant of the Will having been admitted to ICU and dying within short span of time. Mere certificate of the doctor cannot prove the physical and mental competence of the executant. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Order 21 Rule 99 CPC. Detailed enquiry into the inter-se rights of the third party and the decree holder is necessary only when the third party has a subsisting right title or interest in the subject matter of the execution proceedings. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Constructive Resjudicata under Order II Rule 2 CPC. A prior suit for eviction and rent arrears does not preclude the filing of a fresh suit seeking damages for use of the premises following termination of the tenancy. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Change of khata in respect of a purchased site cannot be refused on the ground that the original layout is unauthorised and illegal or that the site falls within the park or other civic area. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Juvenile Justice (Care and Protection of Children) Act. Adoption of child born to minor rape victim. Consent of rape-accused biological father cannot be insisted for adoption of the child. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Pardon. Application under Section 306 of the Cr.P.C. is akin to seeking enlargement on bail, where a second application would be maintainable, but only on changed circumstances. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Issuance of Hakkupatras by the Government in respect of private property and change of revenue entry amount to deemed acquisition. Landowner is entitled for payment of suitable compensation. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Mere compliance with legal formalities does not necessarily prove the valid execution of a Will. The propounder must also dispel any suspicious circumstances surrounding the Will. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Foreign Contribution (Regulation) Act. Against rejection of an application for renewal of licence, appeal to High Court under 31(2) is not maintainable having regard to the revision provided under Section 32 of the Act. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  When an offence is punishable up to ten years, the threshold punishment being less than ten years, the police custody can only be for forty days. Section 187 of BNSS in comparison to Section 167 of the Cr.P.C. has not brought any changes. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Jurisdiction of the High Court while deciding the election petition under the Representation of Peoples Act encompasses questions related to the caste of a returned candidate, regardless of any State enactment. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal
• 

  Notice under Section 106 of the Transfer of Property Act is not necessary to file a suit for eviction in case the tenure of the lease has come to an end by efflux of time. Karnataka High Court.

  • 18-December-2024
  • Daksha Legal