Specific Performance Act. Where the property subject to the agreement is part of a larger undivided joint property, co-owner is a necessary party to the specific performance suit since no effective decree can be passed in the absence of such a party. Karnataka High Court.
Specific Performance Act. Where the property subject to the agreement is part of a larger undivided joint property, co-owner is a necessary party to the specific performance suit since no effective decree can be passed in the absence of such a party. Karnataka High Court.
  • 14-June-2025
  • Daksha Legal
Judgement
An execution petition for an arbitral award in a commercial dispute is maintainable before a Commercial Court, as the commercial nature of the dispute remains intact even after the award is passed. Karnataka High Court.
An execution petition for an arbitral award in a commercial dispute is maintainable before a Commercial Court, as the commercial nature of the dispute remains intact even after the award is passed. Karnataka High Court.
  • 14-June-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
An application for stay under Section 10 CPC cannot be entertained if filed after inordinate delay at an advanced stage of trial, as it indicates a malafide intent to protract long-pending litigation, overriding the strict requirements of res sub judice. Karnataka High Court.
An application for stay under Section 10 CPC cannot be entertained if filed after inordinate delay at an advanced stage of trial, as it indicates a malafide intent to protract long-pending litigation, overriding the strict requirements of res sub judice. Karnataka High Court.
  • 14-June-2025
  • Daksha Legal
Judgement
Protection of Women from Domestic Violence Act. Female relatives of the husband/male partner can be included as 'respondents'. However, the quantum of interim maintenance is determined by the proven income of the respondent, and courts are justified in reducing it if the applicant fails to provide evidence of higher income. Karnataka High Court.
Protection of Women from Domestic Violence Act. Female relatives of the husband/male partner can be included as 'respondents'. However, the quantum of interim maintenance is determined by the proven income of the respondent, and courts are justified in reducing it if the applicant fails to provide evidence of higher income. Karnataka High Court.
  • 13-June-2025
  • Daksha Legal
Judgement
Prevention of Corruption Act. Conviction is justified when complainant's evidence, if consistent and corroborated by material particulars e.g., shadow witness, forensic evidence, and accused's conduct, can establish the demand, particularly when the defence's explanation is unconvincing. Karnataka High Court.
Prevention of Corruption Act. Conviction is justified when complainant's evidence, if consistent and corroborated by material particulars e.g., shadow witness, forensic evidence, and accused's conduct, can establish the demand, particularly when the defence's explanation is unconvincing. Karnataka High Court.
  • 13-June-2025
  • Daksha Legal
Judgement
Karnataka Land Revenue Act. Authorities cannot arbitrarily reclassify 'A' kharab land as 'B' kharab land to divest a lawful landholder of their possession and rights, especially when existing revenue records and previous official proceedings unequivocally confirm the landholder's established interest and possession over such land. Karnataka High Court.
Karnataka Land Revenue Act. Authorities cannot arbitrarily reclassify 'A' kharab land as 'B' kharab land to divest a lawful landholder of their possession and rights, especially when existing revenue records and previous official proceedings unequivocally confirm the landholder's established interest and possession over such land. Karnataka High Court.
  • 13-June-2025
  • Daksha Legal
Judgement
Hindu Marriage Act. The legal fiction of legitimacy under Section 16 is available only to children of Hindu parents whose marriage, though void or voidable, is recognized under the Hindu Marriage Act. Children born out of wedlock between a Hindu and Muslim cannot claim the benefit under the Section. Karnataka High Court.
Hindu Marriage Act. The legal fiction of legitimacy under Section 16 is available only to children of Hindu parents whose marriage, though void or voidable, is recognized under the Hindu Marriage Act. Children born out of wedlock between a Hindu and Muslim cannot claim the benefit under the Section. Karnataka High Court.
  • 13-June-2025
  • Daksha Legal
Judgement
Civil Procedure Code. Plaintiffs in commercial suits can introduce documents Under Order XI Rule 1(c)(ii) later in the proceedings if production of such documents is in response to a case set up by the defendant after the plaint was filed, without needing to show a ‘reasonable cause’ for earlier non-disclosure. Karnataka High Court.
Civil Procedure Code. Plaintiffs in commercial suits can introduce documents Under Order XI Rule 1(c)(ii) later in the proceedings if production of such documents is in response to a case set up by the defendant after the plaint was filed, without needing to show a ‘reasonable cause’ for earlier non-disclosure. Karnataka High Court.
  • 13-June-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