Karnataka Forest Act. Sanction of the appropriate authority under Section 114-A of the Act is not necessary before initiating a civil suit seeking for declaratory reliefs and/or compensation as regards a land claimed to be the private property. Karnataka High Court.
Karnataka Forest Act. Sanction of the appropriate authority under Section 114-A of the Act is not necessary before initiating a civil suit seeking for declaratory reliefs and/or compensation as regards a land claimed to be the private property. Karnataka High Court.
  • 27-April-2026
  • Daksha Legal
Judgement
The Courts and Tribunals have inherent power to recall their own orders or judgments if those orders were obtained by fraud, even when statutory review is not available or has been exhausted in the earlier round of litigation. Karnataka High Court.
The Courts and Tribunals have inherent power to recall their own orders or judgments if those orders were obtained by fraud, even when statutory review is not available or has been exhausted in the earlier round of litigation. Karnataka High Court.
  • 27-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
A writ of mandamus lies at the instance of an auction purchaser for delivery of possession of the property purchased, as the secured creditor is duty-bound to take possession under Section 14 even after the sale is confirmed and title is transferred to the auction purchaser. Karnataka High Court.
A writ of mandamus lies at the instance of an auction purchaser for delivery of possession of the property purchased, as the secured creditor is duty-bound to take possession under Section 14 even after the sale is confirmed and title is transferred to the auction purchaser. Karnataka High Court.
  • 27-April-2026
  • Daksha Legal
Judgement
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
Negotiable Instruments Act. Admission of the cheque and signature attracts the Section 139 presumption, shifting the evidential burden to the accused. The complainant need not prove the debt or financial capacity unless the presumption is first rebutted on a preponderance of probabilities. Karnataka High Court.
Negotiable Instruments Act. Admission of the cheque and signature attracts the Section 139 presumption, shifting the evidential burden to the accused. The complainant need not prove the debt or financial capacity unless the presumption is first rebutted on a preponderance of probabilities. Karnataka High Court.
  • 25-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
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

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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