Specific Relief Act. If appropriate consequential relief as required under Section 34 of the Act is not sought along with the relief of declaration, the Court has to give opportunity to the plaintiff to amend the plaint at any stage, and consider the plea for amendment before deciding the suit on merits. Karnataka High Court.
Specific Relief Act. If appropriate consequential relief as required under Section 34 of the Act is not sought along with the relief of declaration, the Court has to give opportunity to the plaintiff to amend the plaint at any stage, and consider the plea for amendment before deciding the suit on merits. Karnataka High Court.
  • 10-March-2026
  • Daksha Legal
Judgement
Interpretation of statutes. An amendment by way of substitution does not invariably result in a retrospective application. However, a vested right can be taken away by a subsequent enactment which by express words or necessary intendment makes it retrospective. Supreme Court.
Interpretation of statutes. An amendment by way of substitution does not invariably result in a retrospective application. However, a vested right can be taken away by a subsequent enactment which by express words or necessary intendment makes it retrospective. Supreme Court.
  • 10-March-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
Order XXIII Rule 1(3) and (4) of the Code is not inflexible and does not create an absolute bar to a second suit where liberty was not sought. Strict construction is to be applied only when liberty to file a fresh suit was sought and specifically refused. Karnataka High Court.
Order XXIII Rule 1(3) and (4) of the Code is not inflexible and does not create an absolute bar to a second suit where liberty was not sought. Strict construction is to be applied only when liberty to file a fresh suit was sought and specifically refused. Karnataka High Court.
  • 10-March-2026
  • Daksha Legal
Judgement
Service Law. Any salary and allowances paid by the State to an officer during a 'compulsory waiting period' caused by a posting-less transfer must be recovered from the personal pockets of the official who authorized such a defective transfer, thereby ensuring administrative accountability. Karnataka High Court.
Service Law. Any salary and allowances paid by the State to an officer during a 'compulsory waiting period' caused by a posting-less transfer must be recovered from the personal pockets of the official who authorized such a defective transfer, thereby ensuring administrative accountability. Karnataka High Court.
  • 09-March-2026
  • Daksha Legal
Judgement
Mandatory payment of balance auction price within the stipulated period of sale confirmation; failure to comply results in forfeiture of deposit and resale of property. Rules ensuring timely payment preserve the sanctity of public auctions and the non-compliance renders auction sale confirmation null and void. Supreme Court.
Mandatory payment of balance auction price within the stipulated period of sale confirmation; failure to comply results in forfeiture of deposit and resale of property. Rules ensuring timely payment preserve the sanctity of public auctions and the non-compliance renders auction sale confirmation null and void. Supreme Court.
  • 09-March-2026
  • Daksha Legal
Judgement
Civil Procedure Code. An Appellate Court possesses the discretionary jurisdiction to allow production of additional evidence and amendment of pleadings even during the course of final arguments if it finds such measures necessary for a 'substantial cause' or to pronounce a complete judgment. Appellate Court can remand the matter for fresh disposal to the Trial Court provided the discretion was exercised reasonably and not after the judgment was already reserved. Karnataka High Court.
Civil Procedure Code. An Appellate Court possesses the discretionary jurisdiction to allow production of additional evidence and amendment of pleadings even during the course of final arguments if it finds such measures necessary for a 'substantial cause' or to pronounce a complete judgment. Appellate Court can remand the matter for fresh disposal to the Trial Court provided the discretion was exercised reasonably and not after the judgment was already reserved. Karnataka High Court.
  • 09-March-2026
  • Daksha Legal
Judgement
Security for keeping peace. Show-cause notice under Section 126 of the BNSS must be accompanied by an order under Section 130. No show-cause notice can be issued by the Executive Magistrate without the order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and number of sureties. Karnataka High Court.
Security for keeping peace. Show-cause notice under Section 126 of the BNSS must be accompanied by an order under Section 130. No show-cause notice can be issued by the Executive Magistrate without the order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and number of sureties. Karnataka High Court.
  • 09-March-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. if it is established that a wrong vehicle has been falsely implicated in an accident, in collusion with the vehicle owner, with the intention of securing insurance compensation, such conduct vitiates the claim. The insurance company cannot be held liable and stands absolved from the obligation to pay compensation. Karnataka High Court.
Motor Vehicles Act. if it is established that a wrong vehicle has been falsely implicated in an accident, in collusion with the vehicle owner, with the intention of securing insurance compensation, such conduct vitiates the claim. The insurance company cannot be held liable and stands absolved from the obligation to pay compensation. Karnataka High Court.
  • 09-March-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