Arbitration and Conciliation Act. A Court possesses the jurisdiction to retrospectively extend the mandate even after the period has lapsed, provided ‘sufficient cause’ is shown. While an award rendered after the expiry of the mandate is unenforceable per se, a subsequent judicial extension under Section 29A(4) validates the proceedings and the award, ensuring that the arbitral process is not rendered a nullity due to procedural delays. Supreme Court.
Arbitration and Conciliation Act. A Court possesses the jurisdiction to retrospectively extend the mandate even after the period has lapsed, provided ‘sufficient cause’ is shown. While an award rendered after the expiry of the mandate is unenforceable per se, a subsequent judicial extension under Section 29A(4) validates the proceedings and the award, ensuring that the arbitral process is not rendered a nullity due to procedural delays. Supreme Court.
  • 04-February-2026
  • Daksha Legal
Judgement
Hindu Succession Act. Any property possessed by a female Hindu regardless of whether it was acquired before or after the Act's commencement is held by her as an absolute owner. Unless the property was acquired via an instrument, decree, or award that explicitly prescribes a restricted or limited estate under Section 14(2), the property remains her absolute property and is not liable for partition as joint family property. Karnataka High Court.
Hindu Succession Act. Any property possessed by a female Hindu regardless of whether it was acquired before or after the Act's commencement is held by her as an absolute owner. Unless the property was acquired via an instrument, decree, or award that explicitly prescribes a restricted or limited estate under Section 14(2), the property remains her absolute property and is not liable for partition as joint family property. Karnataka High Court.
  • 04-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
Criminal Law. Mere pendency of civil suits or the existence of a civil remedy does not impede the investigation of grave and cognizable offences. Where a complaint contains detailed allegations of a criminal conspiracy involving impersonation, forgery, and the fabrication of public documents to misappropriate property, the criminal proceedings cannot be quashed at the threshold on the ground that the dispute is ‘purely civil’ in nature. Karnataka High Court.
Criminal Law. Mere pendency of civil suits or the existence of a civil remedy does not impede the investigation of grave and cognizable offences. Where a complaint contains detailed allegations of a criminal conspiracy involving impersonation, forgery, and the fabrication of public documents to misappropriate property, the criminal proceedings cannot be quashed at the threshold on the ground that the dispute is ‘purely civil’ in nature. Karnataka High Court.
  • 04-February-2026
  • Daksha Legal
Judgement
Commercial Courts Act. An appeal against an order rejecting the application under Order VII Rule 10 of CPC is not maintainable in view of Section 13 of the Act. No appeal is maintainable against an interlocutory order of a Commercial Court unless that specific order is enumerated under Order XLIII of the Code of Civil Procedure. Karnataka High Court.
Commercial Courts Act. An appeal against an order rejecting the application under Order VII Rule 10 of CPC is not maintainable in view of Section 13 of the Act. No appeal is maintainable against an interlocutory order of a Commercial Court unless that specific order is enumerated under Order XLIII of the Code of Civil Procedure. Karnataka High Court.
  • 04-February-2026
  • Daksha Legal
Judgement
Magistrate has no jurisdiction to direct a police investigation into a private complaint that includes the offence of defamation as the statutory bar under Section 222 of the BNSS makes a police report in such matters a nullity. Further, an accused must be afforded an opportunity of hearing prior to the Magistrate taking cognizance of the offences alleged in a private complaint. Failure to provide this hearing renders the order of cognizance or reference to investigation legally unsustainable. Karnataka High Court.
Magistrate has no jurisdiction to direct a police investigation into a private complaint that includes the offence of defamation as the statutory bar under Section 222 of the BNSS makes a police report in such matters a nullity. Further, an accused must be afforded an opportunity of hearing prior to the Magistrate taking cognizance of the offences alleged in a private complaint. Failure to provide this hearing renders the order of cognizance or reference to investigation legally unsustainable. Karnataka High Court.
  • 04-February-2026
  • Daksha Legal
Judgement
Though a non-citizen cannot claim fundamental right to public employment exclusively reserved for Indian citizens, on facts, in the absence of any statutory provision or service regulation expressly prohibiting the appointment of non-citizens, termination solely on the ground of citizenship is arbitrary. Madras High Court.
Though a non-citizen cannot claim fundamental right to public employment exclusively reserved for Indian citizens, on facts, in the absence of any statutory provision or service regulation expressly prohibiting the appointment of non-citizens, termination solely on the ground of citizenship is arbitrary. Madras High Court.
  • 02-February-2026
  • Daksha Legal
Judgement
Companies Act. The Court does not sit in appeal over the commercial wisdom of a company’s shareholders in matters of revival. However, it is incumbent upon the Court to examine whether the proposed revival of a company in liquidation is a bona fide endeavour, serves the public interest, and conforms to accepted standards of commercial morality. Karnataka High Court.
Companies Act. The Court does not sit in appeal over the commercial wisdom of a company’s shareholders in matters of revival. However, it is incumbent upon the Court to examine whether the proposed revival of a company in liquidation is a bona fide endeavour, serves the public interest, and conforms to accepted standards of commercial morality. Karnataka High Court.
  • 03-February-2026
  • Daksha Legal
Judgement
A statutory body cannot derive benefit from its own default. Where an allottee has paid the allotment price but the authority fails to hand over vacant and encumbrance free possession of a site for several years, the authority is legally barred from demanding 're-allotment' fees at current market rates. Karnataka High Court.
A statutory body cannot derive benefit from its own default. Where an allottee has paid the allotment price but the authority fails to hand over vacant and encumbrance free possession of a site for several years, the authority is legally barred from demanding 're-allotment' fees at current market rates. Karnataka High Court.
  • 03-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