Companies Act. To sustain a claim for damages against delinquent directors under Section 543(1) the Official Liquidator must provide specific, contextual, and detailed pleadings outlining the acts of misfeasance. Vague assertions, mere negligence, or the simple submission of an auditor's report are legally insufficient. Karnataka High Court.
Companies Act. To sustain a claim for damages against delinquent directors under Section 543(1) the Official Liquidator must provide specific, contextual, and detailed pleadings outlining the acts of misfeasance. Vague assertions, mere negligence, or the simple submission of an auditor's report are legally insufficient. Karnataka High Court.
  • 26-June-2026
  • Daksha Legal
Judgement
Allotment of public property must strictly conform to the governing statutory provisions, and no resolution or administrative decision contrary to the statutory framework can confer a legally enforceable right. Karnataka High Court.
Allotment of public property must strictly conform to the governing statutory provisions, and no resolution or administrative decision contrary to the statutory framework can confer a legally enforceable right. Karnataka High Court.
  • 26-June-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
Court Fees. An issue pertaining to valuation and court fees raised by a defendant cannot be deferred to final adjudication if it directly dictates the pecuniary jurisdiction of the court. Karnataka High Court.
Court Fees. An issue pertaining to valuation and court fees raised by a defendant cannot be deferred to final adjudication if it directly dictates the pecuniary jurisdiction of the court. Karnataka High Court.
  • 26-June-2026
  • Daksha Legal
Judgement
Prohibition of Benami Property Transactions Act. The relationship between a company director and an employee does not constitute a fiduciary relationship, although the fiduciary exception may apply to the relationship between the company and its director. Supreme Court.
Prohibition of Benami Property Transactions Act. The relationship between a company director and an employee does not constitute a fiduciary relationship, although the fiduciary exception may apply to the relationship between the company and its director. Supreme Court.
  • 24-June-2026
  • Daksha Legal
Judgement
Locus Standi. An auction purchaser is entitled to challenge the arbitrary cancellation of an auction sale under the SARFAESI Act and has a legitimate expectation that a validly accepted bid will be carried to its logical conclusion. Karnataka High Court. 2026 Daksha Legal Kar 372
Locus Standi. An auction purchaser is entitled to challenge the arbitrary cancellation of an auction sale under the SARFAESI Act and has a legitimate expectation that a validly accepted bid will be carried to its logical conclusion. Karnataka High Court. 2026 Daksha Legal Kar 372
  • 24-June-2026
  • Daksha Legal
Judgement
SARFAESI Act. A public auction conducted by a secured creditor must be fair, transparent, and inspire public confidence. Cancellation of an auction solely on the ground of pending litigation, with a view to favouring the borrower, is arbitrary and unsustainable. Such arbitrary rejection of a bid or termination of the sale process is amenable to judicial review. Karnataka High Court. 2026 Daksha Legal Kar 372
SARFAESI Act. A public auction conducted by a secured creditor must be fair, transparent, and inspire public confidence. Cancellation of an auction solely on the ground of pending litigation, with a view to favouring the borrower, is arbitrary and unsustainable. Such arbitrary rejection of a bid or termination of the sale process is amenable to judicial review. Karnataka High Court. 2026 Daksha Legal Kar 372
  • 25-June-2026
  • Daksha Legal
Judgement
Once the death of a party whose share has been determined under a preliminary decree is brought to the Court's notice and a Will is set up, the Court must determine whether the deceased died intestate or under a valid Will. If the Will is duly proved, the quantified share devolves upon the legatees in accordance with the testamentary disposition. Karnataka High Court. 2026 Daksha Legal Kar 391
Once the death of a party whose share has been determined under a preliminary decree is brought to the Court's notice and a Will is set up, the Court must determine whether the deceased died intestate or under a valid Will. If the Will is duly proved, the quantified share devolves upon the legatees in accordance with the testamentary disposition. Karnataka High Court. 2026 Daksha Legal Kar 391
  • 25-June-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. Knowledge of the existence of an award’ cannot be substituted for the statutory requirement of ‘receipt of the award’. Limitation under Section 34(3) to challenge an arbitral award begins only upon actual receipt of the signed award, and not from its oral pronouncement or receipt of the meeting minutes. Karnataka High Court. 2026 Daksha Legal Kar…
Arbitration and Conciliation Act. Knowledge of the existence of an award’ cannot be substituted for the statutory requirement of ‘receipt of the award’. Limitation under Section 34(3) to challenge an arbitral award begins only upon actual receipt of the signed award, and not from its oral pronouncement or receipt of the meeting minutes. Karnataka High Court. 2026 Daksha Legal Kar…
  • 25-June-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