Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.
Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.
Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.
  • 08-May-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
Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.
Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Order VIII Rule 1 CPC. Extension of time to file Written Statement beyond the prescribed period can be granted only in exceptional cases upon showing cogent and bona fide reasons. Mere change of Advocate or negligence cannot justify condonation of enormous delay, as it defeats the legislative object of expeditious disposal of civil suits. Karnataka High Court.
Order VIII Rule 1 CPC. Extension of time to file Written Statement beyond the prescribed period can be granted only in exceptional cases upon showing cogent and bona fide reasons. Mere change of Advocate or negligence cannot justify condonation of enormous delay, as it defeats the legislative object of expeditious disposal of civil suits. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. In appeals arising out of awards passed under the Act, the Court is required to apply and examine the law prevailing as on the date of consideration of the appeal. The determination of compensation must be made in accordance with the contemporaneous legal position governing the field. Karnataka High Court.
Motor Vehicles Act. In appeals arising out of awards passed under the Act, the Court is required to apply and examine the law prevailing as on the date of consideration of the appeal. The determination of compensation must be made in accordance with the contemporaneous legal position governing the field. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.
A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.
  • 07-May-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if such interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. (Ref). Karnataka High Court.
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if such interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. (Ref). Karnataka High Court.
  • 07-May-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.
Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.
  • 07-May-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