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
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
IBC Act. The moratorium contemplated under Section 96 takes effect immediately upon the filing of an application under Section 94. During the subsistence of such moratorium, the Debt Recovery Tribunal lacks jurisdiction to continue or entertain proceedings against the borrower under the SARFAESI Act. Karnataka High Court. 2026 Daksha Legal Kar 367-371
IBC Act. The moratorium contemplated under Section 96 takes effect immediately upon the filing of an application under Section 94. During the subsistence of such moratorium, the Debt Recovery Tribunal lacks jurisdiction to continue or entertain proceedings against the borrower under the SARFAESI Act. Karnataka High Court. 2026 Daksha Legal Kar 367-371
  • 25-June-2026
  • Daksha Legal
Judgement
Specific performance. ‘Readiness’ denotes the plaintiff’s financial capacity to perform the contract, while ‘willingness’ relates to the plaintiff’s conduct and intention to fulfil contractual obligations. Although actual deposit of the consideration amount is not necessary, the plaintiff must adduce reliable and satisfactory evidence demonstrating the availability of sufficient funds to complete the transaction at the relevant time. Supreme Court.
Specific performance. ‘Readiness’ denotes the plaintiff’s financial capacity to perform the contract, while ‘willingness’ relates to the plaintiff’s conduct and intention to fulfil contractual obligations. Although actual deposit of the consideration amount is not necessary, the plaintiff must adduce reliable and satisfactory evidence demonstrating the availability of sufficient funds to complete the transaction at the relevant time. Supreme Court.
  • 24-June-2026
  • Daksha Legal
Judgement
A review petition cannot be founded on the repetition of arguments which were available at the time of the original hearing and were either expressly considered or are deemed to have been considered while rendering the judgment. Karnataka High Court.
A review petition cannot be founded on the repetition of arguments which were available at the time of the original hearing and were either expressly considered or are deemed to have been considered while rendering the judgment. Karnataka High Court.
  • 23-June-2026
  • Daksha Legal
Judgement
Order XI CPC. The interrogatories cannot be in the nature of a fishing or roving inquiry, nor can they seek information that can be elicited during cross-examination. The provision is intended to facilitate adjudication and not to enable a party to avoid proving facts that the law requires it to establish independently. Karnataka High Court.
Order XI CPC. The interrogatories cannot be in the nature of a fishing or roving inquiry, nor can they seek information that can be elicited during cross-examination. The provision is intended to facilitate adjudication and not to enable a party to avoid proving facts that the law requires it to establish independently. Karnataka High Court.
  • 24-June-2026
  • Daksha Legal
Judgement
When a registered sale deed or property allotment is cancelled by a statutory body as a direct consequence of implementing a binding judicial order that has attained finality, such an action does not constitute an independent, ‘unilateral’ administrative cancellation. Limitation Act has no application for such cancellation. Karnataka High Court.
When a registered sale deed or property allotment is cancelled by a statutory body as a direct consequence of implementing a binding judicial order that has attained finality, such an action does not constitute an independent, ‘unilateral’ administrative cancellation. Limitation Act has no application for such cancellation. Karnataka High Court.
  • 24-June-2026
  • Daksha Legal
Judgement
Contempt of Court. A petition alleging criminal contempt cannot be summarily rejected merely for want of the Advocate General’s consent. Such a petition may be treated as information under the Karnataka (Contempt of Court Proceedings) Rules and placed before the Chief Justice for consideration as to whether cognizance of the alleged contempt should be taken. Karnataka High Court. 2026 Daksha Legal Kar 356-366
Contempt of Court. A petition alleging criminal contempt cannot be summarily rejected merely for want of the Advocate General’s consent. Such a petition may be treated as information under the Karnataka (Contempt of Court Proceedings) Rules and placed before the Chief Justice for consideration as to whether cognizance of the alleged contempt should be taken. Karnataka High Court. 2026 Daksha Legal Kar 356-366
  • 24-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