Customs Act. An order permitting re-export of goods upon payment of redemption fine does not efface the penal consequences contemplated under the Act. A person apprehended for violation cannot evade liability by merely offering a nominal fine for redemption and re-export of the goods, without being subjected to the prescribed penalty or customs duty arising from such contravention. Madras High Court.
Customs Act. An order permitting re-export of goods upon payment of redemption fine does not efface the penal consequences contemplated under the Act. A person apprehended for violation cannot evade liability by merely offering a nominal fine for redemption and re-export of the goods, without being subjected to the prescribed penalty or customs duty arising from such contravention. Madras High Court.
  • 24-April-2026
  • Daksha Legal
Judgement
Special Marriage Act. Registration of marriage under Section 15 of the Act is not mandatory since Section 15 only prescribes the conditions required for registration of the marriage. Consequently, a petition for divorce under Section 27 of the Act cannot be rejected for non-registration of the marriage. Karnataka High Court.
Special Marriage Act. Registration of marriage under Section 15 of the Act is not mandatory since Section 15 only prescribes the conditions required for registration of the marriage. Consequently, a petition for divorce under Section 27 of the Act cannot be rejected for non-registration of the marriage. Karnataka High Court.
  • 25-April-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
Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court.
  • 25-April-2026
  • Daksha Legal
Judgement
Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.
Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.
  • 25-April-2026
  • Daksha Legal
Judgement
Lands meant for public utility such as pasture constitute material assets of the community and are essential for maintaining ecological balance and public welfare. Any attempt to divert such communal resources through administrative manipulation or consolidation proceedings is impermissible in law. Supreme Court.
Lands meant for public utility such as pasture constitute material assets of the community and are essential for maintaining ecological balance and public welfare. Any attempt to divert such communal resources through administrative manipulation or consolidation proceedings is impermissible in law. Supreme Court.
  • 25-April-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.
Arbitration and Conciliation Act. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.
  • 23-April-2026
  • Daksha Legal
Judgement
Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.
Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.
  • 24-April-2026
  • Daksha Legal
Judgement
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.
  • 24-April-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