Town Planning. Mandatory setback for high-rise buildings must be applied to each structure separately, not to a combined ‘cluster’ to ensure fire safety, prevent the spread of fire, and provide safe evacuation routes. A builder cannot bypass this requirement by declaring multiple buildings as a single block. Karnataka High Court.
Town Planning. Mandatory setback for high-rise buildings must be applied to each structure separately, not to a combined ‘cluster’ to ensure fire safety, prevent the spread of fire, and provide safe evacuation routes. A builder cannot bypass this requirement by declaring multiple buildings as a single block. Karnataka High Court.
  • 15-September-2025
  • Daksha Legal
Judgement
A will bequeathing property for which occupancy rights were granted under the Karnataka Land Reforms Act is deemed to be an 'alienation' and is invalid if it violates a statutory condition of non-alienation attached to the grant of those rights. The property vests with the State Government free from all encumbrances. Karnataka High Court.
A will bequeathing property for which occupancy rights were granted under the Karnataka Land Reforms Act is deemed to be an 'alienation' and is invalid if it violates a statutory condition of non-alienation attached to the grant of those rights. The property vests with the State Government free from all encumbrances. Karnataka High Court.
  • 15-September-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 High Court orders demolition of constructions built within the mandatory setback areas of individual buildings, where the developer attempted to treat multiple high-rise structures as a single block to avoid the setback requirement.
Karnataka High Court orders demolition of constructions built within the mandatory setback areas of individual buildings, where the developer attempted to treat multiple high-rise structures as a single block to avoid the setback requirement.
  • 15-September-2025
  • Daksha Legal
Judgement
Suit for partition. A mere existence of a contentious or triable issue in a partition suit does not entitle the plaintiffs to an automatic injunction restraining alienation, particularly when they have not sought a declaration to set aside the earlier sale deeds. Karnataka High Court.
Suit for partition. A mere existence of a contentious or triable issue in a partition suit does not entitle the plaintiffs to an automatic injunction restraining alienation, particularly when they have not sought a declaration to set aside the earlier sale deeds. Karnataka High Court.
  • 15-September-2025
  • Daksha Legal
Judgement
Karnataka Co-operative Societies Act. On the expiry of the term of office of the Board of Directors, a Joint Registrar cannot automatically assume the role of an administrator and function as the Board of Management without the requirement of any particular separate/formal order. Karnataka High Court.
Karnataka Co-operative Societies Act. On the expiry of the term of office of the Board of Directors, a Joint Registrar cannot automatically assume the role of an administrator and function as the Board of Management without the requirement of any particular separate/formal order. Karnataka High Court.
  • 15-September-2025
  • Daksha Legal
Judgement
SARFAESI Act. Under Section 14 the Magistrate performs only ministerial function. He has no authority to adjudicate disputes or entertain objections from borrowers or third parties. Karnataka High Court.
SARFAESI Act. Under Section 14 the Magistrate performs only ministerial function. He has no authority to adjudicate disputes or entertain objections from borrowers or third parties. Karnataka High Court.
  • 13-September-2025
  • Daksha Legal
Judgement
Unregistered power of attorney is admissible as evidence if it explicitly states that no consideration was paid for it and is therefore not required to be registered. Court is not permitted to go beyond the recitals of the document to determine its admissibility. Karnataka High Court.
Unregistered power of attorney is admissible as evidence if it explicitly states that no consideration was paid for it and is therefore not required to be registered. Court is not permitted to go beyond the recitals of the document to determine its admissibility. Karnataka High Court.
  • 13-September-2025
  • Daksha Legal
Judgement
In a partition suit, no decree can be granted in favour of a person holding an agreement with a co-sharer. The defendant must prove the sale agreement and possession, which are not deemed admitted merely because the co-sharer has not filed a written statement. The appropriate remedy is a separate suit for specific performance or damages, not a claim within partition proceedings. Karnataka High Court.
In a partition suit, no decree can be granted in favour of a person holding an agreement with a co-sharer. The defendant must prove the sale agreement and possession, which are not deemed admitted merely because the co-sharer has not filed a written statement. The appropriate remedy is a separate suit for specific performance or damages, not a claim within partition proceedings. Karnataka High Court.
  • 12-September-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