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  Civil Procedure Code. Order 21 Rule 89. Application to set aside sale on deposit of the decretal amount can be made even by a pendente lite transferee. Supreme Court.

  • 20-December-2025
  • Daksha Legal
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  Tender blacklisting. Members of a consortium are jointly and severally liable for the actions of the lead member in the tender process. Even a ‘non-active’ partner who claims to have withdrawn from the consortium can be legally debarred if they failed to notify the tendering authority of the fraud immediately upon discovery, thereby acting as a ‘fence-sitter’. Karnataka High Court.

  • 20-December-2025
  • Daksha Legal
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  Karnataka Rent Act. A tenant who has historically paid rent to a person and admitted the tenancy in writing is legally estopped from challenging that person's title as ‘landlord’. Where a landlord provides evidence of a bonafide intent to demolish and reconstruct a dilapidated property for commercial purposes, and such evidence remains largely undisputed during cross-examination, the landlord is entitled to an order of eviction. Karnataka High Court.

  • 19-December-2025
  • Daksha Legal
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  Karnataka Stamp Act. When a sale deed is executed in furtherance of decree for specific performance after contest, the stamp duty liable to be paid would be the value of the property as shown in the agreement and not the value as on the date on which the document was presented for registration. Karnataka High Court.

  • 19-December-2025
  • Daksha Legal
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  Court is not an expert in handwriting and cannot reject an application to refer disputed signatures to an expert solely based on its own visual comparison. When the outcome of a case under rests primarily on the identity of a denied signature, and there is no other corroborative evidence to form a conclusion, the court must refer the matter to a handwriting expert. Karnataka High Court.

  • 19-December-2025
  • Daksha Legal
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  Indian Succession Act. Proof of a will is satisfied if even one attesting witness confirms the testator’s execution and the attestation by both witnesses, notwithstanding that part of such evidence emerges through leading questions in cross-examination. Courts must give primacy to the testator’s intention and cannot supplant it with notions of equity to invalidate a will excluding a legal heir, so long as the testator was of sound mind and the execution was lawful. Supreme Court.

  • 19-December-2025
  • Daksha Legal
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  Karnataka Co-operative Societies Act. The bar of jurisdiction of Civil Courts under Section 118 limited only to those specific matters expressly provided for within the Act. A civil suit filed by a third party or a leaseholder to protect possession of a property is maintainable, as such a dispute does not fall within the ambit of 'business of the society' or internal management disputes. Karnataka High Court.

  • 18-December-2025
  • Daksha Legal
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  Specific Relief Act. In a summary suit for recovery of possession under Section 6, the plaintiff bears the absolute burden of proving actual physical possession of the property within six months preceding the date of filing. A claim of illegal dispossession cannot be maintained solely on the basis of unsubstantiated oral contentions. Karnataka High Court.

  • 18-December-2025
  • Daksha Legal
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  Mohammedan law. Though a written document recording a gift (Hiba) is not compulsorily registrable under Section 17 of the Registration Act, the validity of such a gift is contingent upon the donor's clear intention to divest title and the actual delivery of possession. Karnataka High Court.

  • 18-December-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Enforcement of a foreign award can be refused only on specific statutory grounds. ‘Patent illegality’ ground is not available in respect of foreign awards. A party who voluntarily chooses not to participate in arbitration despite due notice cannot later claim they were ‘unable to present their case’ to resist enforcement. Karnataka High Court.

  • 18-December-2025
  • Daksha Legal
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  Insolvency and Bankruptcy Board of India has the locus standi to seek a review of orders that affect the objectives of the IBC. However, a review petition cannot be granted if there is no error apparent on the face of the record. Mere pendency of a disciplinary investigation against a Liquidator does not invalidate a sale conducted under a valid e-auction notice. Karnataka High Court.

  • 18-December-2025
  • Daksha Legal
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  Order 23 Rule 1(3) CPC. The discretionary power to permit withdrawal of a suit with liberty to file a fresh suit cannot be invoked where the alleged 'formal defect' relates to a mere imperfection in the pleadings which can be cured by way of an amendment to the plaint. Karnataka High Court.

  • 17-December-2025
  • Daksha Legal