When a suit for declaration based on title and also by adverse possession fails, the court can pass a decree for possession in favour of the defendant. Such right is traceable to inherent power of the Court saved in Section 151 of the Code of Civil Procedure. Karnataka High Court.
When a suit for declaration based on title and also by adverse possession fails, the court can pass a decree for possession in favour of the defendant. Such right is traceable to inherent power of the Court saved in Section 151 of the Code of Civil Procedure. Karnataka High Court.
  • 15-July-2025
  • Daksha Legal
Judgement
When amendment to plaint seeking additional relief is allowed, it relates back to the original suit's filing date. Consequently, the court fee for the additional relief is calculated based on the market value of the property as of the original suit's filing date, not the amendment application date. Karnataka High Court.
When amendment to plaint seeking additional relief is allowed, it relates back to the original suit's filing date. Consequently, the court fee for the additional relief is calculated based on the market value of the property as of the original suit's filing date, not the amendment application date. Karnataka High Court.
  • 15-July-2025
  • Daksha Legal
Judgement
'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
News
Karnataka Slum Areas (Improvement and Clearance) Act. Inordinate and unexplained delay in completing land acquisition, proceedings particularly when the original beneficiaries have already been rehabilitated elsewhere, vitiates the entire acquisition process as the purpose of the acquisition ceases to exist. Karnataka High Court.
Karnataka Slum Areas (Improvement and Clearance) Act. Inordinate and unexplained delay in completing land acquisition, proceedings particularly when the original beneficiaries have already been rehabilitated elsewhere, vitiates the entire acquisition process as the purpose of the acquisition ceases to exist. Karnataka High Court.
  • 15-July-2025
  • Daksha Legal
Judgement
Though plaintiff can seek to summon defendant as his witness under Order XVI Rule 21 CPC, such a request cannot be granted as a matter of right. Trial Court must consider the purpose for which the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. Karnataka High Court.
Though plaintiff can seek to summon defendant as his witness under Order XVI Rule 21 CPC, such a request cannot be granted as a matter of right. Trial Court must consider the purpose for which the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. Karnataka High Court.
  • 15-July-2025
  • Daksha Legal
Judgement
Posthumous registration of a Will is legally permissible and does not, in itself, invalidate the Will or render it suspicious. Courts cannot prejudge the genuineness of a Will at the interlocutory stage based solely on such registration, as its validity must be determined through evidence at trial. Karnataka High Court.
Posthumous registration of a Will is legally permissible and does not, in itself, invalidate the Will or render it suspicious. Courts cannot prejudge the genuineness of a Will at the interlocutory stage based solely on such registration, as its validity must be determined through evidence at trial. Karnataka High Court.
  • 15-July-2025
  • Daksha Legal
Judgement
Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.
Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement
Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement

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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
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article