SARFAESI Act. When a security interest is duly registered, it creates a first charge that overrides any subsequent attachment order issued by tax authorities under State legislations like the KVAT Act. The 'prior in time' interest of a secured creditor must be honored, and the State cannot claim a superior charge over assets that have already been legally sold to satisfy a registered security interest. Karnataka High Court.
SARFAESI Act. When a security interest is duly registered, it creates a first charge that overrides any subsequent attachment order issued by tax authorities under State legislations like the KVAT Act. The 'prior in time' interest of a secured creditor must be honored, and the State cannot claim a superior charge over assets that have already been legally sold to satisfy a registered security interest. Karnataka High Court.
  • 28-February-2026
  • Daksha Legal
Judgement
Registration of Births and Deaths Act. Where the mother, being the sole custodial parent and the only person responsible for the child’s upbringing, seeks to give the child her own family name, and where the father has completely abandoned the child, the Registrar is bound to make such changes. Karnataka High Court.
Registration of Births and Deaths Act. Where the mother, being the sole custodial parent and the only person responsible for the child’s upbringing, seeks to give the child her own family name, and where the father has completely abandoned the child, the Registrar is bound to make such changes. Karnataka High Court.
  • 28-February-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
Suit for partition. Where the Kartha has alienated coparcenary properties to third parties, to balance the competing equities protecting the plaintiffs' potential share while avoiding unnecessary hardship to bona fide purchasers, the Court may allow the purchasers to continue development or alienation subject to the deposit of a reasonable security amount in Court. Karnataka High Court.
Suit for partition. Where the Kartha has alienated coparcenary properties to third parties, to balance the competing equities protecting the plaintiffs' potential share while avoiding unnecessary hardship to bona fide purchasers, the Court may allow the purchasers to continue development or alienation subject to the deposit of a reasonable security amount in Court. Karnataka High Court.
  • 27-February-2026
  • Daksha Legal
Judgement
Karnataka Land Reforms Act. Merely because tenancy is claimed for Punja land (fallow or uncultivated land where grass grows naturally), that by itself does not disentitle the claim and it could be demonstrated that land has in effect being brought under cultivation, which burden is upon the tenant to establish. Karnataka High Court.
Karnataka Land Reforms Act. Merely because tenancy is claimed for Punja land (fallow or uncultivated land where grass grows naturally), that by itself does not disentitle the claim and it could be demonstrated that land has in effect being brought under cultivation, which burden is upon the tenant to establish. Karnataka High Court.
  • 27-February-2026
  • Daksha Legal
Judgement
Hindu Succession Act. Property inherited by a son under Section 8 of the Act, after the death of his father, does not retain the character of joint family or coparcenary property vis-à-vis his own children. A daughter cannot claim partition during the lifetime of such person. Karnataka High Court.
Hindu Succession Act. Property inherited by a son under Section 8 of the Act, after the death of his father, does not retain the character of joint family or coparcenary property vis-à-vis his own children. A daughter cannot claim partition during the lifetime of such person. Karnataka High Court.
  • 27-February-2026
  • Daksha Legal
Judgement
Specific Relief Act. A suit for declaration of title and permanent injunction is legally hit by the proviso to Section 34 if the plaintiff is found to be out of possession and fails to seek the consequential relief of recovery of possession. Mere recital in the sale deed without the backing of actual possession is insufficient to maintain the suit. Karnataka High Court.
Specific Relief Act. A suit for declaration of title and permanent injunction is legally hit by the proviso to Section 34 if the plaintiff is found to be out of possession and fails to seek the consequential relief of recovery of possession. Mere recital in the sale deed without the backing of actual possession is insufficient to maintain the suit. Karnataka High Court.
  • 27-February-2026
  • Daksha Legal
Judgement
Karnataka Municipal Corporations Act. In matters of municipal taxation, the authorities must act strictly within the specific provision of the statute invoked. Since fiscal provisions require strict adherence to the letter of the law, any demand for tax or penalty based on a notice issued under the wrong statutory provision is void for want of jurisdiction and is liable to be quashed. Karnataka High Court.
Karnataka Municipal Corporations Act. In matters of municipal taxation, the authorities must act strictly within the specific provision of the statute invoked. Since fiscal provisions require strict adherence to the letter of the law, any demand for tax or penalty based on a notice issued under the wrong statutory provision is void for want of jurisdiction and is liable to be quashed. Karnataka High Court.
  • 27-February-2026
  • Daksha Legal
Judgement
Order VII Rule 14(3) CPC. The production of a document is a procedural step distinct from its admission or proof in evidence. Since, mere production of a document does not amount to its proof and the opposing party retains the right to object to its marking or admissibility at the relevant stage of the trial, the Court should allow such application to ensure that all relevant material is available for a just decision on the merits of the case. Karnataka High Court.
Order VII Rule 14(3) CPC. The production of a document is a procedural step distinct from its admission or proof in evidence. Since, mere production of a document does not amount to its proof and the opposing party retains the right to object to its marking or admissibility at the relevant stage of the trial, the Court should allow such application to ensure that all relevant material is available for a just decision on the merits of the case. Karnataka High Court.
  • 26-February-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