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  A party cannot be held 'jointly and severally' liable for a monetary claim in the absence of any oral or documentary evidence linking that party to the transaction. An admission by the plaintiff during cross-examination that a particular defendant was not involved in the deal or the receipt of funds is fatal to the claim against that individual. Karnataka High Court.

  • 26-March-2026
  • Daksha Legal
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  When a special statute prescribes a specific time limit for filing an appeal and expressly restricts the period for which delay can be condoned, the Courts cannot exercise discretionary powers to extend that period further. Mere filing and subsequent withdrawal of proceedings before the High Court does not reset the limitation timeline. Karnataka High Court.

  • 26-March-2026
  • Daksha Legal
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  Central Goods and Services Tax Act. A claim for refund is a substantive statutory right. While Section 54 prescribes a two-year limitation period for filing such claims, the High Court under Article 226 possesses the authority to condone a moderate delay where the taxpayer's entitlement to the refund is undisputed on merits and the delay is not found to be intentional or due to gross negligence. Karnataka High Court.

  • 26-March-2026
  • Daksha Legal
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  Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him. (Referred) Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Service Law. Initial absence from duty may constitute misconduct; however, prolonged and unexplained absence can amount to voluntary abandonment of service. In such cases, the employment relationship stands terminated automatically, without the necessity of any formal order by the employer. Orissa High Court.

  • 25-March-2026
  • Daksha Legal
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  Wakf. A suit instituted by a Wakf Institution cannot be dismissed as not maintainable or abated solely because the Mutawalli who filed the suit has been removed from office or has seen their term expire. Since the Institution itself is the suitor, the litigation must continue to protect the underlying public or religious interest. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  Kartha of a Hindu Joint Family possesses the legal authority to alienate ancestral property without the consent of other coparceners, provided the alienation is for 'legal necessity' or for the 'benefit of the estate'—such as meeting the expenses for a daughter’s marriage or family maintenance. Once such necessity is proved, the sale is binding on all members of the joint family. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  When a non-executant seeks declaration that the sale deed is null or void and does not bind on him, he has to merely pay court fee on the value of the reliefs sought and not ad valorem court-fee on the sale consideration mentioned in the sale deeds. Karnataka High Court.

  • 25-March-2026
  • Daksha Legal
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  ‘Pot Kharab’ lands falling under Rule 21(2)(a) of the Karnataka Land Revenue Rules belong to the landowner. When such lands are acquired, the landowners are entitled for compensation. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  Commercial Courts Act: An order passed by a Commercial Court rejecting a plaint amounts to a “decree” under Section 2(2) of the CPC. The aggrieved party must prefer a commercial appeal under Section 13(1A) of the Act. A writ petition under Article 227 of the Constitution is not maintainable when such an alternative and efficacious statutory remedy of appeal exists. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  An arbitral award is liable to be set aside if it is rendered by an authority lacking jurisdiction. An award passed under the National Highways Act by a Deputy Commissioner who has no territorial jurisdiction is a nullity. Such a defect goes to the root and cannot be cured by consent or waiver of the parties. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal
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  BDA Act. Development scheme does not lapse if it has been substantially implemented. Where possession is taken, infrastructure is formed, sites are allotted, conveyances are registered and third-party rights are created, the acquisition becomes complete and irreversible. Deposit of compensation in the government treasury amounts to valid payment. Karnataka High Court.

  • 24-March-2026
  • Daksha Legal