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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
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  Service Law. Candidates who join service late, even with authorized extensions, will have their seniority determined by their actual date of joining, rather than their position in the select list. However, once the seniority lists are finalized and have been in effect for a long period of time, they cannot be retroactively revised to unsettle established rights. Karnataka High Court.

  • 24-March-2025
  • Daksha Legal
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  CBI Investigation. If an investigation is conducted in a flawed, biased, or incomplete manner, victims or affected parties have the right to seek further investigation. Constitutional courts can direct an independent agency like the CBI to take over the investigation to ensure fairness and justice. Karnataka High Court.

  • 22-March-2025
  • Daksha Legal
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  A compromise decree in an ejectment suit, where the tenant agrees to vacate upon breach of conditions, is directly executable without requiring a fresh suit. Once a compromise is recorded by the court, it becomes enforceable as a decree. Karnataka High Court.

  • 22-March-2025
  • Daksha Legal
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  A third party affected by a compromise decree has the right to challenge its validity in a separate suit. A compromise decree before the Lok Adalat obtained by fraud or misrepresentation is not binding and can be set aside in a separate suit. Karnataka High Court.

  • 22-March-2025
  • Daksha Legal
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  A plaintiff recognized as the owner in an earlier declaratory suit can file a subsequent suit for possession if possession was not previously sought. Mere long-term possession without an intention to exclude the rightful owner does not constitute adverse possession. Karnataka High Court.

  • 21-March-2025
  • Daksha Legal
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  An amendment to pleadings should generally be allowed before the commencement of trial if it is necessary for the proper adjudication of the dispute and does not alter the nature of the suit. Mere delay in seeking an amendment is not a valid ground for rejection, and any prejudice to the opposing party can be compensated with costs. Karnataka High Court.

  • 21-March-2025
  • Daksha Legal
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  Karnataka Cooperative Societies Act. A re-audit under Section 63(10) does not preclude an inquiry under Section 64, as they serve different purposes. The Registrar’s statutory power to initiate an inquiry into the constitution, working, and financial condition of a cooperative society cannot be interdicted unless there is a clear case of procedural irregularity or mala fide intent. Karnataka High Court.

  • 21-March-2025
  • Daksha Legal
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  The Commissioner of Police has the authority to transfer an investigation within the same jurisdiction under Section 36 Cr.P.C. A petition under Section 482 Cr.P.C. for quashing a criminal case involving serious charges like Section 302 IPC should not be entertained when prima facie evidence exists. Karnataka High Court.

  • 21-March-2025
  • Daksha Legal
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  A court fee dispute in civil suit should be decided as a preliminary issue only if it affects the court’s pecuniary jurisdiction; otherwise, it can be considered along with other issues in the suit. Karnataka High Court.

  • 21-March-2025
  • Daksha Legal