SARFAESI Act. Where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged, bar under Section 34 does not apply. When a suit is filed for a declaration of title and a challenge is made to the validity of the mortgage on the grounds of fraud, plaint cannot be rejected under Order VII Rule 11 CPC. Karnataka High Court.
SARFAESI Act. Where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged, bar under Section 34 does not apply. When a suit is filed for a declaration of title and a challenge is made to the validity of the mortgage on the grounds of fraud, plaint cannot be rejected under Order VII Rule 11 CPC. Karnataka High Court.
  • 20-April-2026
  • Daksha Legal
Judgement
Karnataka Public Premises (Eviction of Unauthorized Occupants) Act. Proceedings under the Act are summary in nature. Provisions of CPC which pertain to interrogatories and the discovery of documents, are not applicable the proceedings. Karnataka High Court.
Karnataka Public Premises (Eviction of Unauthorized Occupants) Act. Proceedings under the Act are summary in nature. Provisions of CPC which pertain to interrogatories and the discovery of documents, are not applicable the proceedings. Karnataka High Court.
  • 20-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
The Revenue authorities cannot initiate proceedings to cancel land grants or delete entries from the Record of Rights after an inordinate and unexplained delay. Failure of the State to maintain its own records cannot be used as a ground to penalize bona fide holders of the land. Karnataka High Court.
The Revenue authorities cannot initiate proceedings to cancel land grants or delete entries from the Record of Rights after an inordinate and unexplained delay. Failure of the State to maintain its own records cannot be used as a ground to penalize bona fide holders of the land. Karnataka High Court.
  • 20-April-2026
  • Daksha Legal
Judgement
Negotiable Instruments Act. In a criminal revision, the High Court cannot act as a second appellate court to re-evaluate or re-interpret factual evidence unless the findings of the lower courts are demonstrably perverse or suffer from a jurisdictional error. Concurrent findings of conviction by a Trial Court and an Appellate Court will not be set aside merely because a different view of the evidence is possible. Karnataka High Court.
Negotiable Instruments Act. In a criminal revision, the High Court cannot act as a second appellate court to re-evaluate or re-interpret factual evidence unless the findings of the lower courts are demonstrably perverse or suffer from a jurisdictional error. Concurrent findings of conviction by a Trial Court and an Appellate Court will not be set aside merely because a different view of the evidence is possible. Karnataka High Court.
  • 18-April-2026
  • Daksha Legal
Judgement
Proceedings under the Karnataka Protection of Interest of Depositors in Financial Establishments are not 'suits' as defined under the Code of Civil Procedure. Provisions of Order VII Rule 11 of the CPC cannot be invoked to dismiss an application or petition filed under the Act. Karnataka High Court.
Proceedings under the Karnataka Protection of Interest of Depositors in Financial Establishments are not 'suits' as defined under the Code of Civil Procedure. Provisions of Order VII Rule 11 of the CPC cannot be invoked to dismiss an application or petition filed under the Act. Karnataka High Court.
  • 18-April-2026
  • Daksha Legal
Judgement
Wife’s right to receive interim maintenance cannot be defeated at the preliminary stage based on a husband's unproven allegation of adultery. Since the question of whether a spouse is 'living in adultery' is a substantive defense that requires a full trial and the leading of evidence, it cannot be adjudicated during an interlocutory application. Karnataka High Court.
Wife’s right to receive interim maintenance cannot be defeated at the preliminary stage based on a husband's unproven allegation of adultery. Since the question of whether a spouse is 'living in adultery' is a substantive defense that requires a full trial and the leading of evidence, it cannot be adjudicated during an interlocutory application. Karnataka High Court.
  • 17-April-2026
  • Daksha Legal
Judgement
Land acquisition. A landowner who voluntarily enters into a price-fixation agreement and accepts a 'consent award' cannot subsequently seek enhancement of compensation through writ jurisdiction. A challenge filed years after the acceptance of such compensation is barred by both the principle of finality of contracts and the doctrine of laches. Karnataka High Court.
Land acquisition. A landowner who voluntarily enters into a price-fixation agreement and accepts a 'consent award' cannot subsequently seek enhancement of compensation through writ jurisdiction. A challenge filed years after the acceptance of such compensation is barred by both the principle of finality of contracts and the doctrine of laches. Karnataka High Court.
  • 17-April-2026
  • Daksha Legal
Judgement
Karnataka Town and Country Planning Act. ‘Change of land use’ cannot be rejected on the ground that clearance from the Revenue Department regarding surplus land under the Urban Land (Ceiling and Regulation) Act has not been obtained, especially when physical possession of the land was not taken by the State prior to the repeal of the ULC Act. Karnataka High Court.
Karnataka Town and Country Planning Act. ‘Change of land use’ cannot be rejected on the ground that clearance from the Revenue Department regarding surplus land under the Urban Land (Ceiling and Regulation) Act has not been obtained, especially when physical possession of the land was not taken by the State prior to the repeal of the ULC Act. Karnataka High Court.
  • 17-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