Judgements

Industrial Disputes Act. A separate application for condonation of delay is not necessary to prosecute the claim on Section 33C(1), when the claim for recovery of money is made beyond one year from the due date, if sufficient cause is shown in the petition itself. Karnataka High Court.

08-April-2026

Daksha Legal
Arbitration and Conciliation Act. If an agreement containing an arbitration clause is superseded, the clause also stands terminated, and whether disputes are referable to arbitration depends on whether the subsequent agreement provides for such reference. Karnataka High Court.

08-April-2026

Daksha Legal
Prevention of Corruption Act. When the State fails to provide adequate justification for withholding approval despite judicial directions to reconsider, and where the facts of the case suggest that a further remand to the government would be 'unnecessary and unwarranted,' the High Court, under its writ jurisdiction, is empowered to issue a Mandamus directing the State to grant the necessary approval for an investigation to proceed. Karnataka High Court.

08-April-2026

Daksha Legal
In matters of inheritance for families previously governed by Aliyasanthana Law, if the property owner dies after the enactment of the Hindu Succession Act, 1956, the provisions of the 1956 Act—specifically Section 7(2) and Section 17—shall override the customary Madras Aliyasanthana law. Karnataka High Court.

07-April-2026

Daksha Legal
Karnataka Land Grant Rules. State cannot pass an order regarding payment for standing trees on granted land without first obtaining a formal valuation from the competent authority. Any administrative order issued without such a technical valuation report is procedurally flawed and liable to be quashed. Karnataka High Court.

07-April-2026

Daksha Legal
Though the Judge's power to put questions under Section 165 of the Evidence Act is very wide, leading questions cannot be asked in a manner that tilts the balance in favour of either party. Unnecessary intervention affects the fairness of the trial, which is an integral component of Article 21 of the Constitution. Karnataka High Court.

07-April-2026

Daksha Legal
A suit for injunction cannot be summarily dismissed as 'abated' solely due to the death of a defendant if the right to sue survives against the legal representatives. Karnataka High Court.

06-April-2026

Daksha Legal
A municipal authority cannot reject an application for a building plan sanction solely on the basis of a proposed road widening or development project contained in a Master Plan. ‘’Reservation’’ of land does not amount to ‘’acquisition’’. Karnataka High Court.

06-April-2026

Daksha Legal
In a suit for partition involving property under development, the Court must balance competing interests by refusing a complete halt if it causes undue hardship, but may mould interim relief by directing reservation of a portion equivalent to the plaintiff’s claimed share. This safeguards the effectiveness of any future decree, while remaining subject to final adjudication on merits. Karnataka High Court.

06-April-2026

Daksha Legal
Seizure of vehicle. FIR and the consequential seizure of a vehicle are liable to be quashed if the state authorities specifically Motor Vehicle Inspectors or Police act in 'flagrant disregard' of mandatory procedural safeguards and the rule of law. Karnataka High Court orders departmental inquiry against the erring officers.

06-April-2026

Daksha Legal
SARFAESI Act. Secured Creditor has no legal authority to initiate recovery measures against properties owned by third parties who are neither borrowers, mortgagors, nor guarantors for the loan. The enforcement of a 'security interest' is strictly contingent upon the existence of a validly created mortgage or charge. Karnataka High Court.

03-April-2026

Daksha Legal
Lok Adalat. Advocates have no authority to enter into a final compromise or settle a claim without the express consent and signatures of the parties themselves. A settlement executed and signed solely by advocates is procedurally void, as it lacks the consensus ad idem essential to a valid compromise. Karnataka High Court.

04-April-2026

Daksha Legal

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