Transferee lis pendens may pursue the appeal against a decree of specific performance against the vendor, as a legal representative/ inter-meddler of the estate of the vendor impleading the vendor as a party in the appeal and on his death, on non-substitution of his heirs /legal representatives, the appeal would abate. Supreme Court.
Transferee lis pendens may pursue the appeal against a decree of specific performance against the vendor, as a legal representative/ inter-meddler of the estate of the vendor impleading the vendor as a party in the appeal and on his death, on non-substitution of his heirs /legal representatives, the appeal would abate. Supreme Court.
  • 19-January-2026
  • Daksha Legal
Judgement
An appeal against a judgment of acquittal for bailable offences passed by a Magistrate lies exclusively to the High Court under Section 378(1)(b) of the Cr.P.C. A Court of Session lacks the jurisdiction to entertain such an appeal; any judgment rendered by it in such a matter is a nullity and void ab initio. Karnataka High Court.
An appeal against a judgment of acquittal for bailable offences passed by a Magistrate lies exclusively to the High Court under Section 378(1)(b) of the Cr.P.C. A Court of Session lacks the jurisdiction to entertain such an appeal; any judgment rendered by it in such a matter is a nullity and void ab initio. Karnataka High Court.
  • 19-January-2026
  • Daksha Legal
Judgement
Pre-emptive suit by testator for avoiding disputes regarding execution and proof of Will.
Pre-emptive suit by testator for avoiding disputes regarding execution and proof of Will.
  • 21-September-2025
  • Daksha Legal
Article
News
Proceedings under the Urban Land (Ceiling and Regulation) Act abate under the Repealing Act if the State fails to take actual physical possession of the excess land before the Repealing Act came into force. The State must prove voluntary surrender, peaceful transfer or forceful dispossession under Section 10(6). Supreme Court.
Proceedings under the Urban Land (Ceiling and Regulation) Act abate under the Repealing Act if the State fails to take actual physical possession of the excess land before the Repealing Act came into force. The State must prove voluntary surrender, peaceful transfer or forceful dispossession under Section 10(6). Supreme Court.
  • 19-January-2026
  • Daksha Legal
Judgement
Companies Act 1956. The Court will not interfere with a Scheme of Arrangement approved by an overwhelming majority unless it is patently illegal, fraudulent, or based on a perverse valuation; pending misfeasance proceedings or minority share disputes do not bar sanction of an otherwise viable scheme. Karnataka High Court.
Companies Act 1956. The Court will not interfere with a Scheme of Arrangement approved by an overwhelming majority unless it is patently illegal, fraudulent, or based on a perverse valuation; pending misfeasance proceedings or minority share disputes do not bar sanction of an otherwise viable scheme. Karnataka High Court.
  • 19-January-2026
  • Daksha Legal
Judgement
A suit or appeal does not abate for non-substitution if the deceased’s interest is adequately represented on record; in specific performance cases, the absence of one branch of heirs does not invalidate the decree or cause abatement, and a decided issue of abatement cannot be reopened in the same proceedings. Supreme Court.
A suit or appeal does not abate for non-substitution if the deceased’s interest is adequately represented on record; in specific performance cases, the absence of one branch of heirs does not invalidate the decree or cause abatement, and a decided issue of abatement cannot be reopened in the same proceedings. Supreme Court.
  • 19-January-2026
  • Daksha Legal
Judgement
In cases of arrest under special enactments like the KGST Act, the Court’s jurisdiction under Article 226/Section 482 is narrow. Interference is warranted only in cases of manifest arbitrariness or gross violation of statutory safeguards, and not for minor procedural lapses. Karnataka High Court.
In cases of arrest under special enactments like the KGST Act, the Court’s jurisdiction under Article 226/Section 482 is narrow. Interference is warranted only in cases of manifest arbitrariness or gross violation of statutory safeguards, and not for minor procedural lapses. Karnataka High Court.
  • 17-January-2026
  • Daksha Legal
Judgement
Transfer of Property Act. A transferee pendente lite has no independent right to resist or obstruct the execution of a decree for specific performance. Such a transferee steps into the shoes of the judgment debtor and is bound by the final outcome of the suit as if they were a party to it. Supreme Court.
Transfer of Property Act. A transferee pendente lite has no independent right to resist or obstruct the execution of a decree for specific performance. Such a transferee steps into the shoes of the judgment debtor and is bound by the final outcome of the suit as if they were a party to it. Supreme Court.
  • 17-January-2026
  • Daksha Legal
Judgement
Hindu Adoptions and Maintenance Act. The expression “any widow of his son” includes a daughter-in-law irrespective of whether she became a widow before or after the death of her father-in-law. Such a widow is a “dependant” entitled to claim maintenance from the estate of her father-in-law under Section 22 of the Act, if she is unable to maintain herself from her husband’s estate or other specified sources. Supreme Court.
Hindu Adoptions and Maintenance Act. The expression “any widow of his son” includes a daughter-in-law irrespective of whether she became a widow before or after the death of her father-in-law. Such a widow is a “dependant” entitled to claim maintenance from the estate of her father-in-law under Section 22 of the Act, if she is unable to maintain herself from her husband’s estate or other specified sources. Supreme Court.
  • 16-January-2026
  • Daksha Legal
Judgement

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'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article