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  Criminal Procedure Code. Police notices under Section 41(A) cannot be served through WhatsApp, as it does not ensure proper legal service. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. A joint complaint under Section 138 is not maintainable, but if one complainant withdraws his claim, the defect is curable. Karnataka High Court.

  • 26-March-2025
  • Daksha Legal
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  A registered gift deed, once validly executed and accepted, cannot be unilaterally revoked by the donor. Any subsequent transfer of the same property by the donor is legally void. Supreme Court.

  • 26-March-2025
  • Daksha Legal
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  A landowner whose property is acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act is entitled to rehabilitation and resettlement benefits as an affected family regardless of whether the acquisition affects his primary livelihood. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. An arbitral award can be set aside only when it is patently illegal, in conflict with public policy or violates fundamental legal principles. Allegations of fraud do not automatically render a dispute non-arbitrable unless they involve serious criminal wrongdoing requiring extensive judicial investigation. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  In cases involving cyber economic crimes and corporate espionage, courts must exercise caution in granting anticipatory bail, especially when national security interests are implicated. The risk of evidence tampering and destruction justifies the denial of anticipatory bail. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. A declaration of private land as government property under Section 38A is invalid if issued without serving notice to landowners and verifying revenue records. If the government requires land for public use, it must follow proper acquisition procedures and compensate landowners. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  Disputes regarding service conditions of employees in private unaided educational institutions fall under the jurisdiction of the Karnataka Education Act and cannot be adjudicated by Civil Courts under Section 9 of CPC. When a special statute provides a specific remedy, the jurisdiction of civil courts is impliedly barred. Karnataka High Court.

  • 25-March-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. There is no minimum land extent for conversion from agricultural to non-agricultural use. Any such restriction imposed by revenue authorities is arbitrary and unlawful. Karnataka High Court.

  • 24-March-2025
  • Daksha Legal
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  The doctrine of proportionality requires that immediate arrest in financial crimes be used only as a last resort when lesser intrusive measures have failed. For economic offenses punishable by imprisonment up to seven years under the CGST Act, 2017, a notice of appearance under Section 35(3) of BNSS, 2023, is mandatory before arrest. Karnataka High Court.

  • 24-March-2025
  • Daksha Legal
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  Guardians and Wards Act. The custody of a minor child should be with the natural parents unless they are found unfit. While the child’s preference is a factor, the paramount consideration is their long-term welfare, emotional stability, financial security, and sibling bonding. Prior custody agreements can be revised based on changing circumstances. Karnataka High Court.

  • 24-March-2025
  • Daksha Legal
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  The right to default bail is a fundamental right when the charge sheet is not filed within the prescribed period. Courts must ensure judicial scrutiny before permitting mechanical addition of stringent charges. Karnataka High Court.

  • 24-March-2025
  • Daksha Legal