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  A Court Order obtained by misleading the court cannot be the basis for initiating contempt proceedings for its non-compliance. Such order cannot be given effect to and no contempt can be said to have been committed by its non-compliance. Karnataka High Court.

  • 18-November-2025
  • Daksha Legal
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  Code of Civil Procedure. In a summary suit, an application to set aside an ex parte decree is maintainable under Order XXXVII Rule 4 and not under Order IX Rule 13. The applicant must demonstrate special circumstances for non-appearance and also establish existence of a triable defense that would entitle him to leave to defend the suit. Karnataka High Court.

  • 17-November-2025
  • Daksha Legal
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  When a jurisdictional issue is raised belatedly, after substantial evidence has already been led on the original issues, the Trial Court cannot exercise discretion to treat it as a preliminary issue. In such circumstances, the mandate under Order XIV Rule 2(1) to decide all issues together must prevail. Karnataka High Court.

  • 17-November-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Tahsildar cannot refuse to enter the purchaser’s name in the revenue records on the ground that the sale violates the Karnataka SC/ST (PTCL) Act. Unless and until the competent authority declares the sale void and sets it aside, the Tahsildar has no authority to deny such mutation. Karnataka High Court.

  • 17-November-2025
  • Daksha Legal
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  Attachment before judgment is justified where a strong prima facie case of misappropriation is shown and the defendant’s conduct such as selling another attached property during the litigaton indicates an intent to defeat execution, creating a risk of the decree becoming a paper decree. Karnataka High Court.

  • 15-November-2025
  • Daksha Legal
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  Order XI Rule 21 of CPC. If a plaintiff fails to comply with a clear court order directing production of documents, the suit may be dismissed for non-prosecution. Likewise, a written statement may be rejected if the defendant fails to comply with such an order. Karnataka High Court.

  • 15-November-2025
  • Daksha Legal
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  Karnataka Private Medical Establishment Act. When an application for registration of a clinic under Section 7(1) is complete in all respects, and the Registration and Grievance Redressal Authority fails to either grant or reject the application within the stipulated ninety-day period, the registration is 'deemed to have been granted' in favour of the applicant by virtue of the proviso to Section 7(1). Karnataka High Court.

  • 17-November-2025
  • Daksha Legal
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  Industrial Disputes Act. A bipartite settlement under Section 18(1) is binding only on the parties to the agreement and does not bind other workers who belong to a separate, non-signatory Union. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
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  Office of an Advocate cannot be treated as a commercial establishment for the purpose of imposing a commercial electricity tariff, since the legal profession is a regulated intellectual and ethical vocation in aid of justice, founded on personal skill, integrity, and fiduciary responsibility, and not a business or trade activity. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
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  Karnataka Stamp Act. Refundable security deposit stipulated in a lease deed does not constitute ‘money advanced in addition to the rent reserved’. Stamp duty on the lease deed must be calculated solely on the basis of the rent reserved, excluding the refundable security deposit. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Once a party to an arbitration agreement has elected to pursue a judicial remedy by filing a suit before a jurisdictional Civil Court, he is deemed to have waived his right to arbitrate. Application under Section 11 is not maintainable even if the suit is later dismissed. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal
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  Motor Vehicles Act. Assessment of the notional income for a minor must be based on the minimum wages payable to a skilled worker. Burden of furnishing the applicable minimum wage data rests on the insurance company if the claimant fails to produce it. Karnataka High Court.

  • 14-November-2025
  • Daksha Legal