Judgements

Executing court can go into validity of claim based on Will in final decree proceedings. Karnataka High Court.

02-November-2023

Daksha Legal
When decree for declaration of title cannot be granted, the court can grant a decree for partition of the properties. Karnataka High Court.

02-November-2023

Daksha Legal
Not every application under Order 21 Rule 97 of CPC requires detailed enquiry. Courts must reject frivolous application at the threshold to enable the decree holder to reap the benefits of the decree. Karnataka High Court.

02-November-2023

Daksha Legal
POCSO Act being later prevails over the SC/ST Atrocities Act. Where accused is charged with both SC/ST Atrocities Act and POCSO Act, petition for bail under Section 439 Cr.PC can be filed before High Court. Karnataka High Court.

02-November-2023

Daksha Legal
Negotiable Instruments Act. When there is material contradiction in the complainant’s case, the presumption under Section 139 is not available. Karnataka High Court.

31-October-2023

Daksha Legal
Arbitration and Conciliation Act. Application under Section 34 cannot be rejected on the ground that certified copy of the award was filed after the period of limitation and not along with the application. Karnataka High Court.

31-October-2023

Daksha Legal
''We must import a little commonsense into notices of this kind.'' Statutory notice akin to Section 80 CPC is not mandatory to make counter claim in a civil suit filed by the statutory body. Karnataka High Court.

31-October-2023

Daksha Legal
Suit for specific performance. Even when possession was delivered prior to agreement of sale, the agreement shall be treated as the one coupled with possession and the stamp duty shall be paid accordingly. Karnataka High Court.

31-October-2023

Daksha Legal
Post of primary school teacher is a 'civil post'. Only the Administrative Tribunal and not the High Court has jurisdiction to deal with the issue pertaining to the selection. Karnataka High Court.

31-October-2023

Daksha Legal
Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.

26-October-2023

Daksha Legal
Examination of attesting witness to prove registered Gift deed becomes necessary only if the executant denies the deed. Karnataka High Court.

25-October-2023

Daksha Legal
Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. Karnataka High Court.

23-October-2023

Daksha Legal

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