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  Karnataka Lokayukta Act 1984. The Lokayukta has no authority under the Act to adjudicate questions of right, title, or interest in property; such issues can be determined only in appropriate civil proceedings. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Writ jurisdiction. The State is not exempt from the application of the doctrine of delay and laches, as an unexplained delay is fatal and prevents the re-opening of a finality attained by an order of the Tribunal. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Election Law. Disqualification of a candidate is required to be considered as on the date on which the scrutiny of the nomination is made and not on the date of filing of the nomination. On the date of scrutiny, the defect would have to be cured before the nomination papers are taken up for scrutiny. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  The right to default bail can be denied when the designated court validly extends the investigation period on the basis of a Public Prosecutor’s report that is substantive, reflects an independent application of mind, and provides adequate reasons for continued detention, even if the Investigating Officer’s original request is not physically annexed. Karnataka High Court.

  • 04-December-2025
  • Daksha Legal
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  Maharashtra Slum Act. Power of the State Government to acquire land for a slum rehabilitation scheme is not absolute and is subject to the preferential right of the owner to develop the slum area. Acquisition cannot proceed if the owner is willing to undertake development in exercise of this preferential right, and this right must be addressed before the acquisition process is initiated. Supreme Court.

  • 09-December-2025
  • Daksha Legal
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  Important judgments delivered by Justice H.P. Sandesh. Karnataka High Court.

  • 02-December-2025
  • Daksha Legal
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  Land Acquisition Act. A claimant who has previously entered into a consent agreement or accepted a negotiated settlement with the acquiring body for a specific amount of compensation is barred by the principle of estoppel and waiver from subsequently seeking re-determination or enhancement of compensation, as the consent agreement constitutes a final settlement of the claim. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Grant of ad-interim ex-parte order of temporary injunction must comply with the mandatory requirement of the Proviso to Order XXXIX Rule 3 of the CPC, which obligates the Court to record specific reasons for its opinion that the object of granting the injunction would be defeated by delaying the issuance of notice to the opposite party. The failure to record such reasons renders the order unsustainable. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Victim Compensation Scheme. Power to award compensation under Section 357 Cr.P.C. is not ancillary to other sentences. In criminal cases resulting in death, courts have a mandatory duty to judiciously apply their mind to ensure suitable compensation is recommended for the dependent victims, such as minor children. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Negotiable Instruments Act. A statutory demand notice under Section 138 must require payment to be made to the payee or holder in due course. A notice demanding payment to a third party is invalid, and any proceedings based on such a defective notice are unsustainable in law. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Karnataka Cooperative Societies Act. An explicit arbitration clause in an agreement between a Cooperative Society and another party prevails over the statutory dispute resolution mechanism under the Act. Karnataka High Court.

  • 03-December-2025
  • Daksha Legal
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  Constitution of India. While courts cannot prescribe fixed timelines for the President or Governors to assent to Bills, where a Bill is kept pending indefinitely without justification, the Court may direct the Governor to take a decision within a reasonable period, without commenting on or interfering with the merits of the discretion exercised. Supreme Court.

  • 04-December-2025
  • Daksha Legal