Arbitration and Conciliation Act. Once a party to an arbitration agreement has elected to pursue a judicial remedy by filing a suit before a jurisdictional Civil Court, he is deemed to have waived his right to arbitrate. Application under Section 11 is not maintainable even if the suit is later dismissed. Karnataka High Court.
Arbitration and Conciliation Act. Once a party to an arbitration agreement has elected to pursue a judicial remedy by filing a suit before a jurisdictional Civil Court, he is deemed to have waived his right to arbitrate. Application under Section 11 is not maintainable even if the suit is later dismissed. Karnataka High Court.
  • 14-November-2025
  • Daksha Legal
Judgement
Motor Vehicles Act. Assessment of the notional income for a minor must be based on the minimum wages payable to a skilled worker. Burden of furnishing the applicable minimum wage data rests on the insurance company if the claimant fails to produce it. Karnataka High Court.
Motor Vehicles Act. Assessment of the notional income for a minor must be based on the minimum wages payable to a skilled worker. Burden of furnishing the applicable minimum wage data rests on the insurance company if the claimant fails to produce it. Karnataka High Court.
  • 14-November-2025
  • 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
Karnataka Forest Act. A land cannot be treated as ‘forest land’ unless a statutory notification under Section 4 has been duly issued to constitute it as a reserved forest. Mere preparation of statement transferring the land to the Forest department will not take away the right of the landowner. Karnataka High Court.
Karnataka Forest Act. A land cannot be treated as ‘forest land’ unless a statutory notification under Section 4 has been duly issued to constitute it as a reserved forest. Mere preparation of statement transferring the land to the Forest department will not take away the right of the landowner. Karnataka High Court.
  • 13-November-2025
  • Daksha Legal
Judgement
A challenge to a Will must be instituted within three years from the date on which the cause of action first arises, namely, the date on which the plaintiffs first acquire knowledge of the said Will. A suit instituted decades after the execution of the Will to question its validity is manifestly barred by limitation. Karnataka High Court.
A challenge to a Will must be instituted within three years from the date on which the cause of action first arises, namely, the date on which the plaintiffs first acquire knowledge of the said Will. A suit instituted decades after the execution of the Will to question its validity is manifestly barred by limitation. Karnataka High Court.
  • 13-November-2025
  • Daksha Legal
Judgement
The State and its instrumentalities are not exempt from the rigours of the Limitation Act and cannot seek condonation of inordinate delay, even in matters involving public property, when the delay stems from laches, negligence, or a callous attitude, as proof of ‘sufficient cause’ and bona fides remains essential. Karnataka High Court.
The State and its instrumentalities are not exempt from the rigours of the Limitation Act and cannot seek condonation of inordinate delay, even in matters involving public property, when the delay stems from laches, negligence, or a callous attitude, as proof of ‘sufficient cause’ and bona fides remains essential. Karnataka High Court.
  • 13-November-2025
  • Daksha Legal
Judgement
Limited Liability Partnership Act. Disputes between partners arising out of a Limited Liability Partnership Agreement are statutorily and compulsorily referable to arbitration as per the provisions of the Arbitration and Conciliation Act, even if the Agreement does not contain an arbitration clause. Karnataka High Court.
Limited Liability Partnership Act. Disputes between partners arising out of a Limited Liability Partnership Agreement are statutorily and compulsorily referable to arbitration as per the provisions of the Arbitration and Conciliation Act, even if the Agreement does not contain an arbitration clause. Karnataka High Court.
  • 13-November-2025
  • Daksha Legal
Judgement
Rent Control legislation. A tenant's failure to pay the fair rent fixed by the Rent Controller for a prolonged period, despite having neither sought nor obtained a stay of the fixation order from the appellate or revisional forum constitutes ‘wilful default,’ justifying an order of eviction. Supreme Court.
Rent Control legislation. A tenant's failure to pay the fair rent fixed by the Rent Controller for a prolonged period, despite having neither sought nor obtained a stay of the fixation order from the appellate or revisional forum constitutes ‘wilful default,’ justifying an order of eviction. Supreme Court.
  • 13-November-2025
  • Daksha Legal
Judgement
Land Acquisition. When a civil suit is pending or multiple claimants assert rights over the acquired land, the Special Land Acquisition Officer must pass a general award and deposit the compensation amount before the reference court. Award cannot be delayed for prolonged period quoting pendency of civil disputes. Karnataka High Court.
Land Acquisition. When a civil suit is pending or multiple claimants assert rights over the acquired land, the Special Land Acquisition Officer must pass a general award and deposit the compensation amount before the reference court. Award cannot be delayed for prolonged period quoting pendency of civil disputes. Karnataka High Court.
  • 12-November-2025
  • 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