Specific Relief Act. The provisos to Sections 21(5) and 22(2) override the restrictions on post-trial amendments under Order VI Rule 17 CPC. Even at the appellate stage, a plaintiff may amend the plaint to claim refund of the earnest money/security deposit or compensation, so long as the suit continues to be one for specific performance. Karnataka High Court.
Specific Relief Act. The provisos to Sections 21(5) and 22(2) override the restrictions on post-trial amendments under Order VI Rule 17 CPC. Even at the appellate stage, a plaintiff may amend the plaint to claim refund of the earnest money/security deposit or compensation, so long as the suit continues to be one for specific performance. Karnataka High Court.
  • 21-July-2026
  • Daksha Legal
Judgement
When an ex-parte ad-interim temporary injunction is subsequently vacated, proceedings under Order XXXIX Rule 2(a) of CPC for alleged willful disobedience cannot be proceeded with during the pendency of the main suit since continuing such proceedings prior to the final adjudication of the suit constitutes a futile exercise of jurisdiction. Karnataka High Court.2026 Daksha Legal Kar 698
When an ex-parte ad-interim temporary injunction is subsequently vacated, proceedings under Order XXXIX Rule 2(a) of CPC for alleged willful disobedience cannot be proceeded with during the pendency of the main suit since continuing such proceedings prior to the final adjudication of the suit constitutes a futile exercise of jurisdiction. Karnataka High Court.2026 Daksha Legal Kar 698
  • 21-July-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
Protection of Women from Domestic Violence Act. An unmarried major daughter who is unemployed and pursuing higher education has a right to claim educational expenses from her financially capable father under Section 20. Attaining majority does not disentitle her from seeking ‘monetary relief’ as she qualifies as an 'aggrieved person’. Karnataka High Court. 2026 Daksha Legal Kar 685
Protection of Women from Domestic Violence Act. An unmarried major daughter who is unemployed and pursuing higher education has a right to claim educational expenses from her financially capable father under Section 20. Attaining majority does not disentitle her from seeking ‘monetary relief’ as she qualifies as an 'aggrieved person’. Karnataka High Court. 2026 Daksha Legal Kar 685
  • 21-July-2026
  • Daksha Legal
Judgement
Mere issuance of notice under Order 39 Rule 3 CPC without granting or rejecting temporary injunction order on an application filed under Order 39 Rules 1 & 2 is not appealable under Order 43 Rule 1(R). Karnataka High Court. 2026 Daksha Legal Kar 626
Mere issuance of notice under Order 39 Rule 3 CPC without granting or rejecting temporary injunction order on an application filed under Order 39 Rules 1 & 2 is not appealable under Order 43 Rule 1(R). Karnataka High Court. 2026 Daksha Legal Kar 626
  • 19-July-2026
  • Daksha Legal
Judgement
Section 299 CrPC. Where an accused has deliberately absconded and a witness subsequently becomes unavailable due to death or other reasons, the prosecution may invoke Section 299 to rely upon the earlier recorded evidence. Any restrictive interpretation would defeat the object of the provision, encourage accused persons to evade trial until witnesses become unavailable. Supreme Court.
Section 299 CrPC. Where an accused has deliberately absconded and a witness subsequently becomes unavailable due to death or other reasons, the prosecution may invoke Section 299 to rely upon the earlier recorded evidence. Any restrictive interpretation would defeat the object of the provision, encourage accused persons to evade trial until witnesses become unavailable. Supreme Court.
  • 21-July-2026
  • Daksha Legal
Judgement
‘’Superior Courts should be a friend, philosopher and a guide rather than wielding the heavy-handed baton of superior authority pointing out errors committed by its underlings’’. Supreme Court sets aside the High Court’s strictures against the Subordinate Judge.
‘’Superior Courts should be a friend, philosopher and a guide rather than wielding the heavy-handed baton of superior authority pointing out errors committed by its underlings’’. Supreme Court sets aside the High Court’s strictures against the Subordinate Judge.
  • 17-July-2026
  • Daksha Legal
Judgement
‘’The right to live with dignity extends to prisoners. Continued incarceration of aged and terminally ill prisoners without humane consideration offends Articles 14 and 21’’. Supreme Court issues comprehensive directions for their early/premature release.
‘’The right to live with dignity extends to prisoners. Continued incarceration of aged and terminally ill prisoners without humane consideration offends Articles 14 and 21’’. Supreme Court issues comprehensive directions for their early/premature release.
  • 17-July-2026
  • Daksha Legal
Judgement
When a male coparcener derives shares in joint family properties through a partition deed executed among his brothers, the ancestral character of the property continues vis-à-vis his children who were already born at the time of the partition. Karnataka High Court.
When a male coparcener derives shares in joint family properties through a partition deed executed among his brothers, the ancestral character of the property continues vis-à-vis his children who were already born at the time of the partition. Karnataka High Court.
  • 18-July-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