Appellate Court is required to consider an application for production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure along with the main appeal. The application should not be rejected simply because a similar request was denied by the trial court. Karnataka High Court.
Appellate Court is required to consider an application for production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure along with the main appeal. The application should not be rejected simply because a similar request was denied by the trial court. Karnataka High Court.
  • 02-September-2025
  • Daksha Legal
Judgement
When a site allotted for residential use falls within an area classified as a ‘commercial axis’ under the Zoning Regulations, the Planning Authority cannot deny a building permit for a commercial complex, as such development does not amount to a ‘change of land use’. Karnataka High Court.
When a site allotted for residential use falls within an area classified as a ‘commercial axis’ under the Zoning Regulations, the Planning Authority cannot deny a building permit for a commercial complex, as such development does not amount to a ‘change of land use’. Karnataka High Court.
  • 02-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
For the purpose of Section 498-A IPC, cruelty must be established within the specific context of that provision, as its meaning may differ under other statutes. It must be shown that the woman was subjected to cruelty either continuously or persistently, or at least in close proximity to the time of lodging the complaint. Supreme Court.
For the purpose of Section 498-A IPC, cruelty must be established within the specific context of that provision, as its meaning may differ under other statutes. It must be shown that the woman was subjected to cruelty either continuously or persistently, or at least in close proximity to the time of lodging the complaint. Supreme Court.
  • 02-September-2025
  • Daksha Legal
Judgement
Wakf Act. A Gazette Notification declaring land as Waqf property cannot override statutory vesting of that land under the Mysore (Personal and Miscellaneous) Inams Abolition Act. The Land Tribunal has the jurisdiction to decide on the tenancy rights of such lands. Karnataka High Court.
Wakf Act. A Gazette Notification declaring land as Waqf property cannot override statutory vesting of that land under the Mysore (Personal and Miscellaneous) Inams Abolition Act. The Land Tribunal has the jurisdiction to decide on the tenancy rights of such lands. Karnataka High Court.
  • 02-September-2025
  • Daksha Legal
Judgement
Motor Vehicles Act. Holder of licence to drive a Light Motor Vehicle (LMV) can drive/operate mobile crane, it being a non-transport vehicle with an unladen weight below 7,500 kgs. Karnataka High Court.
Motor Vehicles Act. Holder of licence to drive a Light Motor Vehicle (LMV) can drive/operate mobile crane, it being a non-transport vehicle with an unladen weight below 7,500 kgs. Karnataka High Court.
  • 02-September-2025
  • Daksha Legal
Judgement
Waqf Board cannot use the Waqf Act to evict a person who has already been granted occupancy rights by the Land Tribunal. Karnataka High Court.
Waqf Board cannot use the Waqf Act to evict a person who has already been granted occupancy rights by the Land Tribunal. Karnataka High Court.
  • 01-September-2025
  • Daksha Legal
Judgement
A claim for adverse possession fails when party making the claim asserts title through a sale agreement and, in the written statement, denies the title of the true owner. Such stand prevents the establishment of a hostile possession required for a claim of adverse possession. Karnataka High Court.
A claim for adverse possession fails when party making the claim asserts title through a sale agreement and, in the written statement, denies the title of the true owner. Such stand prevents the establishment of a hostile possession required for a claim of adverse possession. Karnataka High Court.
  • 01-September-2025
  • Daksha Legal
Judgement
Motor Vehicles Act. Insurance company is liable for accidents involving insured machinery like crane on public roads when a specific additional premium ‘third party liability cover’ has been paid for. Karnataka High Court.
Motor Vehicles Act. Insurance company is liable for accidents involving insured machinery like crane on public roads when a specific additional premium ‘third party liability cover’ has been paid for. Karnataka High Court.
  • 01-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