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  In a suit for specific performance, interests of justice are best served not by an absolute injunction, but by permitting development of the property subject to a formal undertaking that the construction shall be at the defendants' own risk and subject to the final adjudication of the suit. Karnataka High Court.

  • 02-March-2026
  • Daksha Legal
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  Karnataka Municipal Corporations Act. The Commissioner has no power to initiate, investigate, or adjudicate proceedings concerning the disqualification or cessation of a municipal councilor's membership. The power to determine such a question is vested exclusively with the State Government under Section 19(3), and such power can only be triggered by a valid reference made by the 'Corporation'. Karnataka High Court.

  • 02-March-2026
  • Daksha Legal
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  Sections 366 & 376 of the IPC and the POCSO Act. When the evidence suggests that the victim voluntarily accompanied the accused due to a romantic relationship and the medical report shows no signs of force or resistance, the element of 'compulsion' or 'rape' is not established. Criminal liability cannot be fastened on an individual in the absence of corroborative scientific or medical evidence. Karnataka High Court.

  • 02-March-2026
  • Daksha Legal
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  Where the dispute between the parties is predominantly civil in nature, particularly involving the title, possession, or boundaries of immovable property, and where civil suits are already sub-judice, the initiation of criminal proceedings for offenses like cheating or forgery, without any distinct element of criminality, is an abuse of the process of law. Karnataka High Court.

  • 02-March-2026
  • Daksha Legal
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  SARFAESI Act. When a security interest is duly registered, it creates a first charge that overrides any subsequent attachment order issued by tax authorities under State legislations like the KVAT Act. The 'prior in time' interest of a secured creditor must be honored, and the State cannot claim a superior charge over assets that have already been legally sold to satisfy a registered security interest. Karnataka High Court.

  • 28-February-2026
  • Daksha Legal
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  Registration of Births and Deaths Act. Where the mother, being the sole custodial parent and the only person responsible for the child’s upbringing, seeks to give the child her own family name, and where the father has completely abandoned the child, the Registrar is bound to make such changes. Karnataka High Court.

  • 28-February-2026
  • Daksha Legal
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  Suit for partition. Where the Kartha has alienated coparcenary properties to third parties, to balance the competing equities protecting the plaintiffs' potential share while avoiding unnecessary hardship to bona fide purchasers, the Court may allow the purchasers to continue development or alienation subject to the deposit of a reasonable security amount in Court. Karnataka High Court.

  • 27-February-2026
  • Daksha Legal
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  Karnataka Land Reforms Act. Merely because tenancy is claimed for Punja land (fallow or uncultivated land where grass grows naturally), that by itself does not disentitle the claim and it could be demonstrated that land has in effect being brought under cultivation, which burden is upon the tenant to establish. Karnataka High Court.

  • 27-February-2026
  • Daksha Legal
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  Hindu Succession Act. Property inherited by a son under Section 8 of the Act, after the death of his father, does not retain the character of joint family or coparcenary property vis-à-vis his own children. A daughter cannot claim partition during the lifetime of such person. Karnataka High Court.

  • 27-February-2026
  • Daksha Legal
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  Specific Relief Act. A suit for declaration of title and permanent injunction is legally hit by the proviso to Section 34 if the plaintiff is found to be out of possession and fails to seek the consequential relief of recovery of possession. Mere recital in the sale deed without the backing of actual possession is insufficient to maintain the suit. Karnataka High Court.

  • 27-February-2026
  • Daksha Legal
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  Karnataka Municipal Corporations Act. In matters of municipal taxation, the authorities must act strictly within the specific provision of the statute invoked. Since fiscal provisions require strict adherence to the letter of the law, any demand for tax or penalty based on a notice issued under the wrong statutory provision is void for want of jurisdiction and is liable to be quashed. Karnataka High Court.

  • 27-February-2026
  • Daksha Legal
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  Order VII Rule 14(3) CPC. The production of a document is a procedural step distinct from its admission or proof in evidence. Since, mere production of a document does not amount to its proof and the opposing party retains the right to object to its marking or admissibility at the relevant stage of the trial, the Court should allow such application to ensure that all relevant material is available for a just decision on the merits of the case. Karnataka High Court.

  • 26-February-2026
  • Daksha Legal