Joint family property purchased in the names of a female member and a minor son using the family's nucleus is deemed to be joint family property. Where there is no proof of independent income by the named purchasers, the property must be shared equally among all branches of the family to prevent the unjust deprivation of inheritance rights to other legal heirs. Karnataka High Court.
Joint family property purchased in the names of a female member and a minor son using the family's nucleus is deemed to be joint family property. Where there is no proof of independent income by the named purchasers, the property must be shared equally among all branches of the family to prevent the unjust deprivation of inheritance rights to other legal heirs. Karnataka High Court.
  • 06-February-2026
  • Daksha Legal
Judgement
A decree for an injunction granted by a Civil Court serves as conclusive proof of lawful possession in land reform proceedings. The Land Tribunal cannot grant occupancy rights over a specific portion of land to a claimant if a rival claimant’s possession of that same portion is protected by a valid civil court decree, unless there is clear evidence of a subsequent surrender of tenancy or a change in possession through legal means. Karnataka High Court.
A decree for an injunction granted by a Civil Court serves as conclusive proof of lawful possession in land reform proceedings. The Land Tribunal cannot grant occupancy rights over a specific portion of land to a claimant if a rival claimant’s possession of that same portion is protected by a valid civil court decree, unless there is clear evidence of a subsequent surrender of tenancy or a change in possession through legal means. Karnataka High Court.
  • 06-February-2026
  • 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 quantum of maintenance awarded to a spouse must be based on a precise and accurate assessment of the husband's actual income as reflected in the evidence. When the husband has got no such means to maintain and is overburdened, the wife cannot claim that she is required to be maintained by the husband whatever be the circumstances in which he is placed. Karnataka High Court.
The quantum of maintenance awarded to a spouse must be based on a precise and accurate assessment of the husband's actual income as reflected in the evidence. When the husband has got no such means to maintain and is overburdened, the wife cannot claim that she is required to be maintained by the husband whatever be the circumstances in which he is placed. Karnataka High Court.
  • 06-February-2026
  • Daksha Legal
Judgement
Rejection of plaint. Where a suit is based on a transaction that is patently void under a statute and the transaction sought to be enforced is a nullity, the Court is duty-bound to reject the plaint at the threshold rather than subjecting the parties to a full trial. Karnataka High Court.
Rejection of plaint. Where a suit is based on a transaction that is patently void under a statute and the transaction sought to be enforced is a nullity, the Court is duty-bound to reject the plaint at the threshold rather than subjecting the parties to a full trial. Karnataka High Court.
  • 06-February-2026
  • Daksha Legal
Judgement
Civil Procedure Code. Plaint cannot be rejected under Order VII Rule 11(d) simply because it is filed before a non-Commercial Court when it ought to have been filed before a Commercial Court. The proper course of action is to return the plaint for presentation before the correct jurisdictional court. Karnataka High Court.
Civil Procedure Code. Plaint cannot be rejected under Order VII Rule 11(d) simply because it is filed before a non-Commercial Court when it ought to have been filed before a Commercial Court. The proper course of action is to return the plaint for presentation before the correct jurisdictional court. Karnataka High Court.
  • 05-February-2026
  • Daksha Legal
Judgement
Land Acquisition Act. A request for a reference under Section 18 that is barred by the law of limitation cannot be revived or validated by a subsequent direction of the Lok Adalat. However, the dismissal of a Section 18 application solely on the grounds of limitation does not act as a bar to the land loser's right to maintain an independent application for re-determination of compensation under Section 28A of the Act. Karnataka High Court.
Land Acquisition Act. A request for a reference under Section 18 that is barred by the law of limitation cannot be revived or validated by a subsequent direction of the Lok Adalat. However, the dismissal of a Section 18 application solely on the grounds of limitation does not act as a bar to the land loser's right to maintain an independent application for re-determination of compensation under Section 28A of the Act. Karnataka High Court.
  • 05-February-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Where a motor vehicle is operated in blatant violation of statutory requirements specifically lacking a valid permit and registration, such breaches constitute fundamental policy violations. In such instances, the Insurance Company is not liable to indemnify the owner or satisfy the award. Karnataka High Court.
Motor Vehicles Act. Where a motor vehicle is operated in blatant violation of statutory requirements specifically lacking a valid permit and registration, such breaches constitute fundamental policy violations. In such instances, the Insurance Company is not liable to indemnify the owner or satisfy the award. Karnataka High Court.
  • 05-February-2026
  • Daksha Legal
Judgement
BNSS 2023. Section 173(4). Refusal to register complaint is different from rejection of the complaint on merits. Where the complaint is rejected on merits, the complainant is entitled to challenge the legality of such rejection directly, including by invoking the Writ jurisdiction, without approaching the Superintendent of Police. Karnataka High Court.
BNSS 2023. Section 173(4). Refusal to register complaint is different from rejection of the complaint on merits. Where the complaint is rejected on merits, the complainant is entitled to challenge the legality of such rejection directly, including by invoking the Writ jurisdiction, without approaching the Superintendent of Police. Karnataka High Court.
  • 05-February-2026
  • 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