Insolvency and Bankruptcy Code. An approved Resolution Plan operates as a final settlement of all claims against the Corporate Debtor. All statutory dues, including tax liabilities, that do not form part of the resolution plan stand permanently extinguished. Any assessment orders or demand notices issued by the Income Tax Department for periods prior to the approval of the plan are void ab initio and without jurisdiction. Karnataka High Court.
Insolvency and Bankruptcy Code. An approved Resolution Plan operates as a final settlement of all claims against the Corporate Debtor. All statutory dues, including tax liabilities, that do not form part of the resolution plan stand permanently extinguished. Any assessment orders or demand notices issued by the Income Tax Department for periods prior to the approval of the plan are void ab initio and without jurisdiction. Karnataka High Court.
  • 13-February-2026
  • Daksha Legal
Judgement
A registered Sale Deed executed by a Housing Co-operative Society in favor of its member cannot be cancelled unilaterally by the Society through a subsequent Deed of Cancellation. The power to cancel a registered instrument vests exclusively with the Civil Court under Section 31 of the Specific Relief Act. Any subsequent allotment or sale of the same property to a third party, predicated upon such a void cancellation deed, is invalid and does not affect the absolute ownership of the original purchaser. Karnataka High Court.
A registered Sale Deed executed by a Housing Co-operative Society in favor of its member cannot be cancelled unilaterally by the Society through a subsequent Deed of Cancellation. The power to cancel a registered instrument vests exclusively with the Civil Court under Section 31 of the Specific Relief Act. Any subsequent allotment or sale of the same property to a third party, predicated upon such a void cancellation deed, is invalid and does not affect the absolute ownership of the original purchaser. Karnataka High Court.
  • 13-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
Executive authorities, including the Special Deputy Commissioner, has no inherent statutory jurisdiction to cancel a registered instrument under the Registration Act since a registered sale deed can only be cancelled or set aside by a competent Civil Court through a substantive suit. Any such order of cancellation is a nullity, and the mere passage of time or delay in challenging such an order does not validate an action taken without the authority of law. Karnataka High Court.
Executive authorities, including the Special Deputy Commissioner, has no inherent statutory jurisdiction to cancel a registered instrument under the Registration Act since a registered sale deed can only be cancelled or set aside by a competent Civil Court through a substantive suit. Any such order of cancellation is a nullity, and the mere passage of time or delay in challenging such an order does not validate an action taken without the authority of law. Karnataka High Court.
  • 13-February-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. A party who disputes the very existence or execution of the agreement cannot maintain an application for referral to arbitration under Section 8, as the existence of a valid and admitted agreement is the jurisdictional bedrock for such an order. A Trial Court exceeds its jurisdiction if it refers parties to arbitration when the underlying agreement is denied by the applicant themselves. Karnataka High Court.
Arbitration and Conciliation Act. A party who disputes the very existence or execution of the agreement cannot maintain an application for referral to arbitration under Section 8, as the existence of a valid and admitted agreement is the jurisdictional bedrock for such an order. A Trial Court exceeds its jurisdiction if it refers parties to arbitration when the underlying agreement is denied by the applicant themselves. Karnataka High Court.
  • 13-February-2026
  • Daksha Legal
Judgement
Mere pendency of writ petition or writ appeal or SLP will not extend time to pass award under the Land Acquisition Act unless interim orders prevented passing of the award. Karnataka High Court.
Mere pendency of writ petition or writ appeal or SLP will not extend time to pass award under the Land Acquisition Act unless interim orders prevented passing of the award. Karnataka High Court.
  • 12-February-2026
  • Daksha Legal
Judgement
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will. Karnataka High Court.
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will. Karnataka High Court.
  • 12-February-2026
  • Daksha Legal
Judgement
Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
  • 12-February-2026
  • Daksha Legal
Judgement
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
  • 12-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