A suit for specific performance cannot be decreed if the plaintiff acknowledges the contract's termination by the defendant, unless the plaintiff also seeks and proves that the termination was invalid. Karnataka High Court.
A suit for specific performance cannot be decreed if the plaintiff acknowledges the contract's termination by the defendant, unless the plaintiff also seeks and proves that the termination was invalid. Karnataka High Court.
  • 18-July-2025
  • Daksha Legal
Judgement
Electricity Act. A prior assessment of unauthorized electricity use is not a mandatory condition precedent for initiating criminal proceedings for theft of electricity. The Special Court constituted under the Act has the jurisdiction to determine both the civil and criminal liability in cases of electricity theft. Karnataka High Court.
Electricity Act. A prior assessment of unauthorized electricity use is not a mandatory condition precedent for initiating criminal proceedings for theft of electricity. The Special Court constituted under the Act has the jurisdiction to determine both the civil and criminal liability in cases of electricity theft. Karnataka High Court.
  • 18-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
A subsequent land purchaser, after preliminary and final acquisition notifications, has no legal standing to challenge the acquisition proceedings since the purchase is void against the acquiring authority. His sole recourse is to claim compensation based on their vendor's title. Karnataka High Court.
A subsequent land purchaser, after preliminary and final acquisition notifications, has no legal standing to challenge the acquisition proceedings since the purchase is void against the acquiring authority. His sole recourse is to claim compensation based on their vendor's title. Karnataka High Court.
  • 18-July-2025
  • Daksha Legal
Judgement
Karnataka Rent Act. An eviction petition for a landlord's bona fide requirement for reconstruction is valid even if the property was originally a vacant land on which the tenant built a shop. However, awarding damages to the landlord in such a petition is erroneous, as a tenant does not become a trespasser upon lease termination under the Act. Karnataka High Court.
Karnataka Rent Act. An eviction petition for a landlord's bona fide requirement for reconstruction is valid even if the property was originally a vacant land on which the tenant built a shop. However, awarding damages to the landlord in such a petition is erroneous, as a tenant does not become a trespasser upon lease termination under the Act. Karnataka High Court.
  • 18-July-2025
  • Daksha Legal
Judgement
No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. Supreme Court.
No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. Supreme Court.
  • 17-July-2025
  • Daksha Legal
Judgement
Where ancestral property of the original propositus devolves upon one of his sons through partition, his wife and daughter from the first marriage are each entitled to an equal share in the properties that devolved to the son's share. Karnataka High Court.
Where ancestral property of the original propositus devolves upon one of his sons through partition, his wife and daughter from the first marriage are each entitled to an equal share in the properties that devolved to the son's share. Karnataka High Court.
  • 17-July-2025
  • Daksha Legal
Judgement
Motor Vehicle insurance Cover notes are mere proposals valid for 60 days. Without premium payment and policy issuance, the insurance company is not liable. The claimant or vehicle owner must prove the policy's existence if the insurer disputes liability. Karnataka High Court.
Motor Vehicle insurance Cover notes are mere proposals valid for 60 days. Without premium payment and policy issuance, the insurance company is not liable. The claimant or vehicle owner must prove the policy's existence if the insurer disputes liability. Karnataka High Court.
  • 17-July-2025
  • Daksha Legal
Judgement
Minor discrepancies in a Will, like handwritten descriptions or date corrections, when the date in words is accurate, do not render it suspicious if the executant was of sound mind, lived for years after execution, and the disposition is without disinheriting legitimate heirs. Karnataka High Court.
Minor discrepancies in a Will, like handwritten descriptions or date corrections, when the date in words is accurate, do not render it suspicious if the executant was of sound mind, lived for years after execution, and the disposition is without disinheriting legitimate heirs. Karnataka High Court.
  • 17-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