Limitation Act. Condonation of delay cannot be granted merely on equitable grounds, acts of generosity, or the benevolent nature of a statute in the absence of a bona fide, credible, and admissible ‘sufficient cause’. The merits of the case are irrelevant when deciding a delay condonation application. Karnataka High Court.
Limitation Act. Condonation of delay cannot be granted merely on equitable grounds, acts of generosity, or the benevolent nature of a statute in the absence of a bona fide, credible, and admissible ‘sufficient cause’. The merits of the case are irrelevant when deciding a delay condonation application. Karnataka High Court.
  • 16-July-2026
  • Daksha Legal
Judgement
Limitation Act. A decree for mandatory injunction directing removal of a physical structure and delivery of vacant possession must be executed within the prescribed three-year limitation period. An execution petition filed after prolonged inaction beyond three years is barred by limitation and liable to be dismissed. Karnataka High Court. 2026 Daksha Legal Kar 623
Limitation Act. A decree for mandatory injunction directing removal of a physical structure and delivery of vacant possession must be executed within the prescribed three-year limitation period. An execution petition filed after prolonged inaction beyond three years is barred by limitation and liable to be dismissed. Karnataka High Court. 2026 Daksha Legal Kar 623
  • 16-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
Commercial Courts Act. The mandatory 120-day time limit under Order VIII Rule 1 CPC applies equally to a plaintiff filing a written statement in response to a defendant's counterclaim in a commercial suit. Upon expiry of 120 days, the plaintiff forfeits the right to file the written statement. Supreme Court. 2026 Daksha Legal SC 279
Commercial Courts Act. The mandatory 120-day time limit under Order VIII Rule 1 CPC applies equally to a plaintiff filing a written statement in response to a defendant's counterclaim in a commercial suit. Upon expiry of 120 days, the plaintiff forfeits the right to file the written statement. Supreme Court. 2026 Daksha Legal SC 279
  • 16-July-2026
  • Daksha Legal
Judgement
Commercial Contracts. Courts cannot rewrite or alter the terms of a commercial contract voluntarily entered into by the parties. A clause stipulating that a security deposit shall not carry interest is valid, binding, and not opposed to public policy. A party who has accepted the contract with full knowledge of its terms cannot later avoid or challenge them merely on the ground that they are onerous. Supreme Court.
Commercial Contracts. Courts cannot rewrite or alter the terms of a commercial contract voluntarily entered into by the parties. A clause stipulating that a security deposit shall not carry interest is valid, binding, and not opposed to public policy. A party who has accepted the contract with full knowledge of its terms cannot later avoid or challenge them merely on the ground that they are onerous. Supreme Court.
  • 16-July-2026
  • Daksha Legal
Judgement
Land Acquisition. Principles of res judicata, doctrine of merger, and finality of litigation do not apply when a transaction, administrative action, or judicial decree is subsequently discovered to be tainted by fraud, suppression of material facts, or manipulation of official records. Karnataka High Court quashes the land acquisition proceedings after 37 years.
Land Acquisition. Principles of res judicata, doctrine of merger, and finality of litigation do not apply when a transaction, administrative action, or judicial decree is subsequently discovered to be tainted by fraud, suppression of material facts, or manipulation of official records. Karnataka High Court quashes the land acquisition proceedings after 37 years.
  • 16-July-2026
  • Daksha Legal
Judgement
Order XXIII Rule 3A CPC. Setting aside a compromise decree. A stranger claiming a derivative title through a party to the suit must approach the compromise-recording court. However, where the claim is based on an independent, pre-existing title, a separate suit is maintainable. Karnataka High Court. 2026 Daksha Legal Kar 598
Order XXIII Rule 3A CPC. Setting aside a compromise decree. A stranger claiming a derivative title through a party to the suit must approach the compromise-recording court. However, where the claim is based on an independent, pre-existing title, a separate suit is maintainable. Karnataka High Court. 2026 Daksha Legal Kar 598
  • 15-July-2026
  • Daksha Legal
Judgement
DNA Test. When adult plaintiffs voluntarily request a DNA test to establish their biological roots, issues concerning the invasion of their privacy or the social stigmatization of their birth do not arise. When major discrepancies exist in the available oral and documentary evidence, making it insufficient to prove or disprove a biological link, a scientific DNA test is a permissible route to resolve foundational identity questions. Karnataka High Court.
DNA Test. When adult plaintiffs voluntarily request a DNA test to establish their biological roots, issues concerning the invasion of their privacy or the social stigmatization of their birth do not arise. When major discrepancies exist in the available oral and documentary evidence, making it insufficient to prove or disprove a biological link, a scientific DNA test is a permissible route to resolve foundational identity questions. Karnataka High Court.
  • 15-July-2026
  • Daksha Legal
Judgement
An agreement to sell executed during a statutory prohibition on sale does not itself amount to a conveyance or transfer of title and is not void ab initio. Where the statutory bar has been repealed before the suit is instituted, the Court cannot deny specific performance only on the basis of the repealed prohibition. Karnataka High Court. 2026 Daksha Legal Kar 613
An agreement to sell executed during a statutory prohibition on sale does not itself amount to a conveyance or transfer of title and is not void ab initio. Where the statutory bar has been repealed before the suit is instituted, the Court cannot deny specific performance only on the basis of the repealed prohibition. Karnataka High Court. 2026 Daksha Legal Kar 613
  • 15-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