Registration Act. A decree for specific performance is only a preliminary/equitable decree that recognizes a right to obtain conveyance, but does not create or declare any right, title or interest in immovable property. Assignment of a specific performance decree does not require registration. Supreme Court.
Registration Act. A decree for specific performance is only a preliminary/equitable decree that recognizes a right to obtain conveyance, but does not create or declare any right, title or interest in immovable property. Assignment of a specific performance decree does not require registration. Supreme Court.
  • 26-December-2025
  • Daksha Legal
Judgement
Transfer of Property Act. When a bank institutes a civil suit seeking sale of the mortgaged property upon default, the property becomes ‘directly and specifically in question’ in the proceedings and is therefore subject to the doctrine of lis pendens. Supreme Court.
Transfer of Property Act. When a bank institutes a civil suit seeking sale of the mortgaged property upon default, the property becomes ‘directly and specifically in question’ in the proceedings and is therefore subject to the doctrine of lis pendens. Supreme Court.
  • 24-December-2025
  • 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
The right to interest on delayed terminal benefits is not a bounty. While the employer's severe financial hardship or executive austerity directions do not negate this right, the rate of interest awarded by the Court can be moderated based on the employer's financial condition and prevailing market rates, subject to a penalty clause for non-compliance. Karnataka High Court.
The right to interest on delayed terminal benefits is not a bounty. While the employer's severe financial hardship or executive austerity directions do not negate this right, the rate of interest awarded by the Court can be moderated based on the employer's financial condition and prevailing market rates, subject to a penalty clause for non-compliance. Karnataka High Court.
  • 24-December-2025
  • Daksha Legal
Judgement
‘’Even the most solemn proceedings stand vitiated if they are actuated by fraud.’’ Karnataka High Court imposes exemplary costs on a litigant for pursuing fraudulent claims and dragging the dispute on for more than a decade.
‘’Even the most solemn proceedings stand vitiated if they are actuated by fraud.’’ Karnataka High Court imposes exemplary costs on a litigant for pursuing fraudulent claims and dragging the dispute on for more than a decade.
  • 24-December-2025
  • Daksha Legal
Judgement
Associations. Power to elect a Chairman/President would carry with it the power to remove by ‘no-confidence’ subject to following the due procedure. In the absence of the express power/procedure, the guidelines issued by the judicial decisions must be followed. Karnataka High Court.
Associations. Power to elect a Chairman/President would carry with it the power to remove by ‘no-confidence’ subject to following the due procedure. In the absence of the express power/procedure, the guidelines issued by the judicial decisions must be followed. Karnataka High Court.
  • 22-December-2025
  • Daksha Legal
Judgement
Writ Jurisdiction. While a Bar Association may not be a State within the strict contours of Article 12, it nonetheless discharges obligations rooted in the public law domain. Where actions of a Bar Association undermine democratic norms, procedural fairness or the rights of its members in their professional capacity, writ jurisdiction can be invoked. Karnataka High Court.
Writ Jurisdiction. While a Bar Association may not be a State within the strict contours of Article 12, it nonetheless discharges obligations rooted in the public law domain. Where actions of a Bar Association undermine democratic norms, procedural fairness or the rights of its members in their professional capacity, writ jurisdiction can be invoked. Karnataka High Court.
  • 26-December-2025
  • Daksha Legal
Judgement
Tender – Blacklisting/Debarment. Submission of forged documents warrants cancellation of the bid. Fraud strikes at the very root of justice and vitiates even the most solemn proceedings. A tenderer cannot evade responsibility by attributing such fraudulent acts to its employees, as the employer is vicariously liable for acts committed in the course of employment. Karnataka High Court.
Tender – Blacklisting/Debarment. Submission of forged documents warrants cancellation of the bid. Fraud strikes at the very root of justice and vitiates even the most solemn proceedings. A tenderer cannot evade responsibility by attributing such fraudulent acts to its employees, as the employer is vicariously liable for acts committed in the course of employment. Karnataka High Court.
  • 22-December-2025
  • Daksha Legal
Judgement
Civil Procedure Code. Order 21 Rule 90. Although any fraud or irregularity in the process of publication of an order of attachment or the lack thereof is broadly covered within the scope of the Rule 90, the applicant must prove that he has suffered substantial injury as a consequence of it. Supreme Court.
Civil Procedure Code. Order 21 Rule 90. Although any fraud or irregularity in the process of publication of an order of attachment or the lack thereof is broadly covered within the scope of the Rule 90, the applicant must prove that he has suffered substantial injury as a consequence of it. Supreme Court.
  • 22-December-2025
  • 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