• 

  If a party breaches a compromise decree passed under Order 23, Rule 3 of the Code of Civil Procedure, the affected party can apply for revival of the original proceedings, allowing the matter to be decided on its merits. Supreme Court.

  • 17-December-2024
  • Daksha Legal
• 

  Prior notice under the Karnataka Panchayat Act is not necessary for institution of suit for perpetual injunction under Section 38 of Specific Relief Act. Karnataka High Court.

  • 16-December-2024
  • Daksha Legal
• 

  Land acquisition. Relying on compensation rates from earlier acquisitions may be reasonable for short time gaps, but becomes increasingly unreliable and unsafe as the time gap widens. Supreme Court.

  • 16-December-2024
  • Daksha Legal
• 

  Tahsildar has no power to take action in case of violation of the building plan or sanction since the power is vested only with the authorities under the Karnataka Municipalities Act. Karnataka High Court.

  • 14-December-2024
  • Daksha Legal
• 

  There is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice. Where the impugned action is patently illegal or affects fundamental rights, the delay must be condoned. Supreme Court.

  • 14-December-2024
  • Daksha Legal
• 

  Partition. Court cannot appoint an advocate for the purpose of division of the property. Division of property can be done either by a Collector or any Gazetted subordinate of the Collector deputed by him. Karnataka High Court.

  • 13-December-2024
  • Daksha Legal
• 

  Transfer of Property Act. A gift conditioned upon perpetual rendering of services to donors without any remuneration amounts to forced labour or slavery, violating the donee's fundamental rights. Such a condition is illegal and unconstitutional. Supreme Court.

  • 13-December-2024
  • Daksha Legal
• 

  Interplay between sub-section (1) and (2) of Section 14 of the Hindu Succession Act. Supreme Court refers the issue to a larger bench.

  • 13-December-2024
  • Daksha Legal
• 

  Order passed on an application under Order XXI Rule 90 read with Section 47 of the Code of Civil Procedure operates as res judicata thereby barring a subsequent suit for declaration and possession. Supreme Court.

  • 13-December-2024
  • Daksha Legal
• 

  Urban Land (Ceiling and Regulation) Act. When lawful possession was not taken under Section 10(5) and 10(6) of the Act, the landowners can seek restoration of the excess land. Karnataka High Court.

  • 13-December-2024
  • Daksha Legal
• 

  ‘’No women in Bharatha would leave voluntarily matrimonial home of husband’’. Non-compliance of decree of restitution of conjugal rights cannot be a ground for not granting maintenance under section 125(4) of Cr.P.C. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Registrar has no power to pass interlocutory order attaching the properties, freezing the Bank Account, injuncting the Society from selling the property without any pending proceeding against the Co-operative Society. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal