Service Law. Mere assignment of additional duties, even for a considerable period, does not confer a vested right to the status, designation or pay scale attached to another post. Creation of posts, determination of cadre strength and fixation of pay scales fall within the executive domain. A writ of mandamus cannot be issued to compel creation of a non-existent post or grant service benefits contrary to the governing recruitment and cadre rules. Karnataka High Court. 2026 Daksha Legal Kar 1801
Service Law. Mere assignment of additional duties, even for a considerable period, does not confer a vested right to the status, designation or pay scale attached to another post. Creation of posts, determination of cadre strength and fixation of pay scales fall within the executive domain. A writ of mandamus cannot be issued to compel creation of a non-existent post or grant service benefits contrary to the governing recruitment and cadre rules. Karnataka High Court. 2026 Daksha Legal Kar 1801
  • 12-November-2026
  • Daksha Legal
Judgement
Order VII Rule 11 CPC. Findings recorded by the High Court in earlier proceedings arising under a special statute cannot, by themselves, constitute a ground for rejection of a plaint in a subsequent civil suit involving disputed questions of title and allegations of fraud. The plea of res judicata, requiring examination of earlier pleadings, issues and judgments cannot be decided by conducting a mini-trial at the stage of rejection of plaint. Karnataka High Court.
Order VII Rule 11 CPC. Findings recorded by the High Court in earlier proceedings arising under a special statute cannot, by themselves, constitute a ground for rejection of a plaint in a subsequent civil suit involving disputed questions of title and allegations of fraud. The plea of res judicata, requiring examination of earlier pleadings, issues and judgments cannot be decided by conducting a mini-trial at the stage of rejection of plaint. Karnataka High Court.
  • 12-November-2026
  • Daksha Legal
Judgement
Why is a regime-change revolution difficult in India?
Why is a regime-change revolution difficult in India?
  • 21-October-2026
  • Daksha Legal
Article
News
Daughters who seek a share in family properties by filing a suit for partition against their parents cannot evade their obligation to maintain their parents or shift the entire burden onto their brothers. Both sons and daughters are under a statutory and moral obligation to maintain their parents under Section 125 of the Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 1739
Daughters who seek a share in family properties by filing a suit for partition against their parents cannot evade their obligation to maintain their parents or shift the entire burden onto their brothers. Both sons and daughters are under a statutory and moral obligation to maintain their parents under Section 125 of the Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 1739
  • 08-November-2026
  • Daksha Legal
Judgement
“Charges payable by citizens for a specific service cannot be equated with a tax, which is a compulsory exaction of money without any element of quid pro quo.” The BDA cannot levy betterment charges from a property owner without implementing a development scheme that provides benefits such as improved connectivity, better infrastructure or other civic amenities. Karnataka High Court. 2026 Daksha Legal Kar 1742
“Charges payable by citizens for a specific service cannot be equated with a tax, which is a compulsory exaction of money without any element of quid pro quo.” The BDA cannot levy betterment charges from a property owner without implementing a development scheme that provides benefits such as improved connectivity, better infrastructure or other civic amenities. Karnataka High Court. 2026 Daksha Legal Kar 1742
  • 08-November-2026
  • Daksha Legal
Judgement
Once land traditionally classified as a tank has completely lost its characteristics as a water body and has been officially reassigned for public and governmental purposes, planning authorities cannot treat it as a functional tank and impose mandatory buffer zone. A subsequent Master Plan cannot annul valid statutory re-assignments of land. Karnataka High Court. 2026 Daksha Legal Kar 1748
Once land traditionally classified as a tank has completely lost its characteristics as a water body and has been officially reassigned for public and governmental purposes, planning authorities cannot treat it as a functional tank and impose mandatory buffer zone. A subsequent Master Plan cannot annul valid statutory re-assignments of land. Karnataka High Court. 2026 Daksha Legal Kar 1748
  • 08-November-2026
  • Daksha Legal
Judgement
Once the park area in a private layout is relinquished and vested in a local or planning authority, the statutory duty to maintain the park in a clean and proper condition rests squarely with that authority. The authority cannot abdicate or shift its public duty to maintain the park by relying on conditions imposed upon private layout developers under work orders. Karnataka High Court. 2026 Daksha Legal Kar 1753
Once the park area in a private layout is relinquished and vested in a local or planning authority, the statutory duty to maintain the park in a clean and proper condition rests squarely with that authority. The authority cannot abdicate or shift its public duty to maintain the park by relying on conditions imposed upon private layout developers under work orders. Karnataka High Court. 2026 Daksha Legal Kar 1753
  • 08-November-2026
  • Daksha Legal
Judgement
Public Service Commission cannot disregard a valid Transfer Certificate and Cumulative Record to establish the date of birth when the mistake has crept in in the SSLC marks card which was corrected later. An aspirant of public employment who met all required criteria and fulfilled all prescribed requirements should not be deprived of an opportunity merely because of such a mistake. Karnataka High Court.
Public Service Commission cannot disregard a valid Transfer Certificate and Cumulative Record to establish the date of birth when the mistake has crept in in the SSLC marks card which was corrected later. An aspirant of public employment who met all required criteria and fulfilled all prescribed requirements should not be deprived of an opportunity merely because of such a mistake. Karnataka High Court.
  • 07-November-2026
  • Daksha Legal
Judgement
Hindu Succession Act. Section 14. Property purchased in the name of a female Hindu does not automatically become her separate property when the plaint specifically alleges that it was acquired from joint family funds. Section 14 does not raise an irrebuttable presumption that every property standing in the name of a female member of a Hindu joint family is necessarily her independent acquisition. Karnataka High Court.
Hindu Succession Act. Section 14. Property purchased in the name of a female Hindu does not automatically become her separate property when the plaint specifically alleges that it was acquired from joint family funds. Section 14 does not raise an irrebuttable presumption that every property standing in the name of a female member of a Hindu joint family is necessarily her independent acquisition. Karnataka High Court.
  • 07-November-2026
  • Daksha Legal
Judgement

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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
'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