A suit for injunction cannot be summarily dismissed as 'abated' solely due to the death of a defendant if the right to sue survives against the legal representatives. Karnataka High Court.
A suit for injunction cannot be summarily dismissed as 'abated' solely due to the death of a defendant if the right to sue survives against the legal representatives. Karnataka High Court.
  • 06-April-2026
  • Daksha Legal
Judgement
A municipal authority cannot reject an application for a building plan sanction solely on the basis of a proposed road widening or development project contained in a Master Plan. ‘’Reservation’’ of land does not amount to ‘’acquisition’’. Karnataka High Court.
A municipal authority cannot reject an application for a building plan sanction solely on the basis of a proposed road widening or development project contained in a Master Plan. ‘’Reservation’’ of land does not amount to ‘’acquisition’’. Karnataka High Court.
  • 06-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
In a suit for partition involving property under development, the Court must balance competing interests by refusing a complete halt if it causes undue hardship, but may mould interim relief by directing reservation of a portion equivalent to the plaintiff’s claimed share. This safeguards the effectiveness of any future decree, while remaining subject to final adjudication on merits. Karnataka High Court.
In a suit for partition involving property under development, the Court must balance competing interests by refusing a complete halt if it causes undue hardship, but may mould interim relief by directing reservation of a portion equivalent to the plaintiff’s claimed share. This safeguards the effectiveness of any future decree, while remaining subject to final adjudication on merits. Karnataka High Court.
  • 06-April-2026
  • Daksha Legal
Judgement
Seizure of vehicle. FIR and the consequential seizure of a vehicle are liable to be quashed if the state authorities specifically Motor Vehicle Inspectors or Police act in 'flagrant disregard' of mandatory procedural safeguards and the rule of law. Karnataka High Court orders departmental inquiry against the erring officers.
Seizure of vehicle. FIR and the consequential seizure of a vehicle are liable to be quashed if the state authorities specifically Motor Vehicle Inspectors or Police act in 'flagrant disregard' of mandatory procedural safeguards and the rule of law. Karnataka High Court orders departmental inquiry against the erring officers.
  • 06-April-2026
  • Daksha Legal
Judgement
SARFAESI Act. Secured Creditor has no legal authority to initiate recovery measures against properties owned by third parties who are neither borrowers, mortgagors, nor guarantors for the loan. The enforcement of a 'security interest' is strictly contingent upon the existence of a validly created mortgage or charge. Karnataka High Court.
SARFAESI Act. Secured Creditor has no legal authority to initiate recovery measures against properties owned by third parties who are neither borrowers, mortgagors, nor guarantors for the loan. The enforcement of a 'security interest' is strictly contingent upon the existence of a validly created mortgage or charge. Karnataka High Court.
  • 03-April-2026
  • Daksha Legal
Judgement
Lok Adalat. Advocates have no authority to enter into a final compromise or settle a claim without the express consent and signatures of the parties themselves. A settlement executed and signed solely by advocates is procedurally void, as it lacks the consensus ad idem essential to a valid compromise. Karnataka High Court.
Lok Adalat. Advocates have no authority to enter into a final compromise or settle a claim without the express consent and signatures of the parties themselves. A settlement executed and signed solely by advocates is procedurally void, as it lacks the consensus ad idem essential to a valid compromise. Karnataka High Court.
  • 04-April-2026
  • Daksha Legal
Judgement
Orders and recovery certificates issued by the Real Estate Regulatory Authority are binding and enforceable as arrears of land revenue. The State must identify, attach, and auction the defaulting developer’s assets to satisfy homebuyers’ claims within a reasonable, court-fixed timeframe. Karnataka High Court.
Orders and recovery certificates issued by the Real Estate Regulatory Authority are binding and enforceable as arrears of land revenue. The State must identify, attach, and auction the defaulting developer’s assets to satisfy homebuyers’ claims within a reasonable, court-fixed timeframe. Karnataka High Court.
  • 02-April-2026
  • Daksha Legal
Judgement
Specific Relief Act. A technical delay in depositing the money does not automatically entitle the seller to a recession of the contract under Section 28, especially when the buyer has shown a bona fide intent to complete the sale by approaching the executing Court for permission to pay. Karnataka High Court.
Specific Relief Act. A technical delay in depositing the money does not automatically entitle the seller to a recession of the contract under Section 28, especially when the buyer has shown a bona fide intent to complete the sale by approaching the executing Court for permission to pay. Karnataka High Court.
  • 01-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