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
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
SARFAESI. Though sale becomes absolute upon confirmation, it does not mean that in the interregnum, the Bank can arbitrarily cancel the auction as per the whims and fancies, change the cause of auction in favour of the principal borrower. Karnataka High Court asks RBI to strengthen the process of public auction.
SARFAESI. Though sale becomes absolute upon confirmation, it does not mean that in the interregnum, the Bank can arbitrarily cancel the auction as per the whims and fancies, change the cause of auction in favour of the principal borrower. Karnataka High Court asks RBI to strengthen the process of public auction.
  • 02-April-2026
  • Daksha Legal
Judgement
Specific Relief Act. The Court, in exercise of its powers under Section 28, may extend the time for payment of the balance sale consideration even after the decree has been passed. The power to rescind the contract is discretionary, not mandatory, and ought not to be invoked where the judgment debtor has remained silent for a considerable period during execution proceedings or has failed to object when the decree-holder sought leave to deposit the amount. Karnataka High Court.
Specific Relief Act. The Court, in exercise of its powers under Section 28, may extend the time for payment of the balance sale consideration even after the decree has been passed. The power to rescind the contract is discretionary, not mandatory, and ought not to be invoked where the judgment debtor has remained silent for a considerable period during execution proceedings or has failed to object when the decree-holder sought leave to deposit the amount. Karnataka High Court.
  • 02-April-2026
  • Daksha Legal
Judgement
Mother allowing the revenue entries to be mutated in her son’s name in respect of property inherited by her cannot be construed as having relinquished title and possession over the property even if such entries for prolonged period. Karnataka High Court.
Mother allowing the revenue entries to be mutated in her son’s name in respect of property inherited by her cannot be construed as having relinquished title and possession over the property even if such entries for prolonged period. Karnataka High Court.
  • 02-April-2026
  • Daksha Legal
Judgement
Time limit of 120 days to file Written Statement in Civil Cases. Karnataka High Court stays the Karnataka amendment to the Civil Procedure Code.
Time limit of 120 days to file Written Statement in Civil Cases. Karnataka High Court stays the Karnataka amendment to the Civil Procedure Code.
  • 01-April-2026
  • Daksha Legal
Judgement
In a suit for declaration, the Court can 'mould the relief' to order a partition among the legitimate branches of the lineage. The absence of certain legal heirs as formal parties does not preclude the Court from ordering a partition; their specific entitlements can be adjudicated and protected during the 'Final Decree' proceedings. Karnataka High Court.
In a suit for declaration, the Court can 'mould the relief' to order a partition among the legitimate branches of the lineage. The absence of certain legal heirs as formal parties does not preclude the Court from ordering a partition; their specific entitlements can be adjudicated and protected during the 'Final Decree' proceedings. Karnataka High Court.
  • 01-April-2026
  • Daksha Legal
Judgement
Debt Recovery Tribunal, being a statutory body and not a “court” in the traditional sense, has no power to condone delay under Section 5 of the Limitation Act. As the 45-day period prescribed for filing an application is a mandatory statutory limit, the Tribunal has no jurisdiction to entertain applications filed beyond this period. Karnataka High Court.
Debt Recovery Tribunal, being a statutory body and not a “court” in the traditional sense, has no power to condone delay under Section 5 of the Limitation Act. As the 45-day period prescribed for filing an application is a mandatory statutory limit, the Tribunal has no jurisdiction to entertain applications filed beyond this period. 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