• 

  A neighbor who complains of building plan violations is a 'necessary and proper party' to a suit filed by the builder against a local authority to restrain demolition. Principle of dominus litis cannot be used to exclude a party whose civil rights are directly impacted by the alleged unauthorized construction, especially when the plaintiff has made specific allegations of conspiracy or malice against that neighbor in the pleadings. Karnataka High Court.

  • 10-January-2026
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Any alienation of property by an office bearer of a Co-operative Society, made after the commencement of a statutory inspection or the submission of an inspection report indicating misappropriation of funds, is void ab initio as against the Society’s claim for recovery. Such transactions, including gifts to family members, are deemed fraudulent. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Hindu Succession Act. When a Hindu governed by Aliyasantana Law dies after the commencement of the Act leaving an undivided interest in a 'Kutumba' or 'Kavaru,' such interest shall devolve by testamentary or intestate succession under Section 7(2) and not according to the traditional Aliyasantana Law. The grant of occupancy rights under the Karnataka Land Reforms Act to one member of such a family inures to the benefit of all legal heirs entitled to succeed to the interest of the original tenant. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Karnataka Public Premises (Eviction of Unauthorised Occupants) Act. Once the Bangalore Development Authority transfers ownership of a property to a private party via a registered sale deed, the property no longer falls under the definition of ‘public premises’. The BDA loses the jurisdiction to invoke eviction procedures under the Act. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Motor Vehicles Act. Insurer must specifically plead the contributory negligence in support of plea. Insurer cannot directly lead evidence without specific plea regarding contributory negligence. Karnataka High Court.

  • 08-January-2026
  • Daksha Legal
• 

  Hindu Succession Act. Inadvertence on the part of the parliament in missing out widow, mother, widow of predeceased son etc in the amended Section 6 as class-1 heirs of the schedule. Karnataka High Court draws the attention of the Ministry of Law & Parliamentary Affairs to the anomaly.

  • 07-January-2026
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Even a registered sale deed can be cancelled by the Additional Registrar of Corporative Societies in a dispute under Section 70 if the allotment is made improperly or illegally. Karnataka High Court.

  • 07-January-2026
  • Daksha Legal
• 

  Arbitration and Conciliation Act. An arbitral award cannot be set aside merely on the ground that the arbitrator adjudicated upon issues ancillary or related to the principal dispute. The absence of a separate notice under Section 21 in respect of such related disputes does not invalidate the proceedings or preclude a party from raising those claims before the arbitral tribunal. Supreme Court.

  • 07-January-2026
  • Daksha Legal
• 

  A person who is a necessary or proper party to a suit, but who intentionally remains silent and fails to seek impleadment for an inordinate period despite having knowledge of the proceedings, loses the right to be joined as a party at a belated stage. A party cannot be permitted to utilize Order I Rule 10 of the CPC to obstruct the conclusion of a trial when his own conduct is marked by gross negligence or laches. Supreme Court.

  • 06-January-2026
  • Daksha Legal
• 

  When arbitrator validly declines to exercise his jurisdiction, the time spent in the infructuous arbitration proceedings is excludable under Section 14 of the Limitation Act to ensure the right to a remedy is not jeopardized. Karnataka High Court.

  • 06-January-2026
  • Daksha Legal
• 

  A fraudulently executed deed of transfer can be quashed under Article 226 of the Constitution of India. Division bench confirms the order of the single judge. Karnataka High Court.

  • 06-January-2026
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Where a dispute entails serious and specific allegations of fraud including fabrication or forgery of documents and the adjudication requires voluminous evidence, criminal-style inquiry, or detailed investigation beyond the scope of arbitral proceedings, the Arbitral Tribunal can decline to exercise jurisdiction. Karnataka High Court.

  • 06-January-2026
  • Daksha Legal