Specific Relief Act. A contract of personal service with a private entity is not specifically enforceable. A suit filed by a private employee seeking a mandatory injunction for reinstatement or the quashing of a termination notice is ex-facie barred by law. Karnataka High Court.
Specific Relief Act. A contract of personal service with a private entity is not specifically enforceable. A suit filed by a private employee seeking a mandatory injunction for reinstatement or the quashing of a termination notice is ex-facie barred by law. Karnataka High Court.
  • 12-March-2026
  • Daksha Legal
Judgement
A government circular imposing ban on sale of sites formed in a layout without obtaining a release from the Planning Authority cannot be applied retrospectively to divest a property owner of rights acquired through a registered sale deed executed prior to the date of the circular. Karnataka High Court.
A government circular imposing ban on sale of sites formed in a layout without obtaining a release from the Planning Authority cannot be applied retrospectively to divest a property owner of rights acquired through a registered sale deed executed prior to the date of the circular. Karnataka High Court.
  • 12-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
A failed romantic relationship that does not result in marriage cannot, by itself, be characterized as a criminal offense. Unless the allegations clearly establish the essential ingredients of a crime, the police cannot investigate a complaint that is essentially a byproduct of personal heartbreak. Karnataka High Court.
A failed romantic relationship that does not result in marriage cannot, by itself, be characterized as a criminal offense. Unless the allegations clearly establish the essential ingredients of a crime, the police cannot investigate a complaint that is essentially a byproduct of personal heartbreak. Karnataka High Court.
  • 12-March-2026
  • Daksha Legal
Judgement
A Deputy Commissioner or municipal authority does not possess the inherent or statutory jurisdiction to summarily cancel a long-standing Khata without a clear finding of fraud or a decree from a competent Civil Court. While the State can initiate action against illegal encroachments, it cannot use administrative proceedings to adjudicate complex disputes of title; the proper remedy remains with the Civil Court. Karnataka High Court.
A Deputy Commissioner or municipal authority does not possess the inherent or statutory jurisdiction to summarily cancel a long-standing Khata without a clear finding of fraud or a decree from a competent Civil Court. While the State can initiate action against illegal encroachments, it cannot use administrative proceedings to adjudicate complex disputes of title; the proper remedy remains with the Civil Court. Karnataka High Court.
  • 12-March-2026
  • Daksha Legal
Judgement
Prevention of Corruption Act. Where prima facie material, such as recovery of tainted money, recorded conversation, or forensic evidence shows demand or receipt of a bribe, departmental exoneration cannot override the criminal prosecution. The allegations must be tested in a full-fledged trial under the stricter standard of proof, particularly where the government servant is caught red-handed. Karnataka High Court.
Prevention of Corruption Act. Where prima facie material, such as recovery of tainted money, recorded conversation, or forensic evidence shows demand or receipt of a bribe, departmental exoneration cannot override the criminal prosecution. The allegations must be tested in a full-fledged trial under the stricter standard of proof, particularly where the government servant is caught red-handed. Karnataka High Court.
  • 12-March-2026
  • Daksha Legal
Judgement
Income Tax Act. Assessing Officer cannot reopen a completed scrutiny assessment under Section 147/148 based on a mere 'change of opinion' regarding the same set of facts and documents that were already examined during the initial assessment. To validly exercise the power of reopening, the department must demonstrate the existence of 'new or tangible material' that was not available or considered during the original proceedings. Karnataka High Court.
Income Tax Act. Assessing Officer cannot reopen a completed scrutiny assessment under Section 147/148 based on a mere 'change of opinion' regarding the same set of facts and documents that were already examined during the initial assessment. To validly exercise the power of reopening, the department must demonstrate the existence of 'new or tangible material' that was not available or considered during the original proceedings. Karnataka High Court.
  • 11-March-2026
  • Daksha Legal
Judgement
Karnataka Town and Country Planning Act. The requirement to relinquish a portion of private land for public purposes as a prerequisite for the sanctioning of a building plan or layout does not amount to 'compulsory acquisition'. Since such relinquishment is a statutory condition for the grant of a development permit, the landowner is not entitled to compensation. Karnataka High Court.
Karnataka Town and Country Planning Act. The requirement to relinquish a portion of private land for public purposes as a prerequisite for the sanctioning of a building plan or layout does not amount to 'compulsory acquisition'. Since such relinquishment is a statutory condition for the grant of a development permit, the landowner is not entitled to compensation. Karnataka High Court.
  • 11-March-2026
  • Daksha Legal
Judgement
A land owner's right to seek conversion of land from agricultural to non-agricultural use cannot be denied by the Deputy Commissioner solely on the ground that there is a proposal or a preliminary notification for future land acquisition by the State. Until the land is formally vested in the State through a final award and possession, the owner retains the right to put the land to better use, and authorities are obligated to process conversion application. Karnataka High Court.
A land owner's right to seek conversion of land from agricultural to non-agricultural use cannot be denied by the Deputy Commissioner solely on the ground that there is a proposal or a preliminary notification for future land acquisition by the State. Until the land is formally vested in the State through a final award and possession, the owner retains the right to put the land to better use, and authorities are obligated to process conversion application. Karnataka High Court.
  • 11-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