• 

  Jamma Malai lands in the Kodagu region represent a specific, privileged hereditary tenure for cardamom cultivation that is distinct from the State’s forest domain. Once the status of such land and the proprietary rights of the holders have been adjudicated and affirmed by a competent Civil Court in a suit involving the State, the revenue and forest authorities cannot re-classify the land as Reserved or Protected Forest. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal
• 

  Section 148 CPC. Civil Court’s power to extend time for payment of deficit court fee is limited to a maximum of thirty days. If the plaintiff fails to pay within this period, the suit remains still-born and cannot be registered. Acceptance of deficit court fee after undue delay, without a timely extension application, is without jurisdiction and defeats the mandatory intent of the Court Fees Act. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal
• 

  Order XXXVII of the CPC. Summary suit. The issuance of summons in the specific format prescribed in Form No. 4-A of Appendix B is a mandatory requirement and not a mere technicality. A general summons issued in an ordinary format cannot set the summary clock in motion against the defendant. Karnataka High Court.

  • 23-February-2026
  • Daksha Legal
• 

  Suit for declaration and injunction. Failure of the plaintiff to establish absolute title does not automatically result in the dismissal of the suit for injunction. If the plaintiff proves 'settled possession' through continuous revenue entries and long-standing occupation, he is entitled to an injunction. Karnataka High Court.

  • 23-February-2026
  • Daksha Legal
• 

  Companies Act. A lease agreement executed by a company's former management in favor of a related party just before the filing of a winding-up petition, involving valuable assets at a nominal rent, constitutes a fraudulent preference and is void against the Official Liquidator. The Official Liquidator’s right to recover such assets cannot be defeated by a narrow interpretation of limitation, especially given the statutory exclusions provided under Section 458A. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal
• 

  Karnataka Minor Mineral Concession Rules. In the matter of granting quarry leases, an applicant cannot claim a right of priority over the subject land if their application has already been rejected by the competent authority. The existence of a general land-specific report does not create an indefeasible right in favor of a former applicant whose request is no longer live. Karnataka High Court.

  • 23-February-2026
  • Daksha Legal
• 

  Res Judicata. A subsequent suit for partition and separate possession is barred if a previous suit seeking the identical relief between the same parties or their predecessors-in-interest has already been dismissed by a competent Court. The fact that the earlier suit was dismissed without recording evidence or a detailed adjudication on merits does not prevent the bar of res judicata from operating. Karnataka High Court.

  • 21-February-2026
  • Daksha Legal
• 

  Indian Contract Act. When a creditor accepts new guarantee agreements and hypothecation deeds from the partners of a reconstituted firm in respect of an existing loan, it constitutes a novation of the contract. Such a substitution of the contract serves to extinguish the liability of the outgoing or retired partners under the original agreements. Karnataka High Court.

  • 21-February-2026
  • Daksha Legal
• 

  Statutory authority like BDA has no power to unilaterally cancel or ignore a registered sale deed executed by it, even on the grounds that the allotment was made in violation of its Rules. To cancel a registered instrument, the BDA must initiate appropriate proceedings before a competent Civil Court under the Specific Relief Act, rather than issuing administrative endorsements to dispossess long-standing owners. Karnataka High Court.

  • 20-February-2026
  • Daksha Legal
• 

  The amendments to the CPC brought about by the enactment of the Commercial Courts Act empower the Court to decree or dismiss a suit where it is demonstrated that the plaintiff has no real prospect of success, or that the defendant has no real prospect of effectively defending the claim. In such circumstances, recourse to rejection of the plaint cannot be resorted to. Karnataka High Court.

  • 20-February-2026
  • Daksha Legal
• 

  Karnataka Municipalities Act. An elected Councillor can be removed for 'disgraceful conduct' if they engage in actions that obstruct the statutory duties of the Council or the democratic rights of other members. Removal of such Councillor can be sustained based on proved misconduct even in the absence of a criminal conviction. Karnataka High Court.

  • 20-February-2026
  • Daksha Legal
• 

  “Lingayat” and “Ganiga” are not mutually exclusive identities. A candidate belonging to the broader Lingayat fold can claim the benefits reserved for the 'Ganiga' caste under category 2A if consistent documentary evidence, particularly school and revenue records of previous generations created before the commencement of the dispute, establishes such sub-caste affiliation. Karnataka High Court.

  • 23-February-2026
  • Daksha Legal