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  Karnataka Control of Organised Crimes Act. The requirement of continuing unlawful activity must show a clear nexus or common thread linking past chargesheets with the present offence, establishing an organised crime syndicate pursuing a specific unlawful objective. Absence of such linkage among the accused makes approval under Section 24(1)(a) legally unsustainable for non-application of mind. Karnataka High Court.

  • 06-January-2026
  • Daksha Legal
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  Karnataka Land Reforms Act. The ceiling limits prescribed under Section 63 apply exclusively to agricultural land. Land not capable of being used for agricultural purposes is excluded from the operation and cannot be considered for determining excess holding. Karnataka High Court.

  • 05-January-2026
  • Daksha Legal
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  Defendant's denial of title does not by itself constitute a ‘cloud on title’ to mandate a suit for declaration of title. A suit for permanent prohibitory injunction simpliciter is maintainable when the plaintiff establishes lawful possession and the defendant's interference, particularly when the defendant's own legal notice admits the plaintiff's possession. Karnataka High Court.

  • 05-January-2026
  • Daksha Legal
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  Pre-emption under Mohammedan Law. A valid claim must be asserted through two mandatory demands—Talab-e-Muwathaba, made immediately upon sale, and Talab-e-Ishhad, declared before two witnesses and communicated to the seller or purchaser. Issuing a legal notice, even if attested, does not fulfill or replace this customary requirement. Karnataka High Court.

  • 05-January-2026
  • Daksha Legal
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  CGST/KGST Act 2017. A single show cause notice, especially when the transactions in question traverse beyond and span across several/multiple financial years/tax periods. is inherently illegal, as it bypasses mandatory jurisdictional constraints and violates the principles of natural justice by depriving the assessee of the opportunity to provide year-wise explanations and reconciliations. Karnataka High Court.

  • 05-January-2026
  • Daksha Legal
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  Civil Procedure Code. A judgment passed by the First Appellate Court must strictly adhere to the mandatory provisions of Order XLI Rule 31 and Order XX Rules 6 and 7. Failure to do so such as not drawing a decree corresponding to the findings, or failing to record independent reasons on each point after considering the evidence in detail renders the judgment incomplete and suffering from serious infirmity, warranting it to be set aside. Karnataka High Court.

  • 05-January-2026
  • Daksha Legal
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  Registration Act. A decree for specific performance is only a preliminary/equitable decree that recognizes a right to obtain conveyance, but does not create or declare any right, title or interest in immovable property. Assignment of a specific performance decree does not require registration. Supreme Court.

  • 26-December-2025
  • Daksha Legal
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  Transfer of Property Act. When a bank institutes a civil suit seeking sale of the mortgaged property upon default, the property becomes ‘directly and specifically in question’ in the proceedings and is therefore subject to the doctrine of lis pendens. Supreme Court.

  • 24-December-2025
  • Daksha Legal
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  The right to interest on delayed terminal benefits is not a bounty. While the employer's severe financial hardship or executive austerity directions do not negate this right, the rate of interest awarded by the Court can be moderated based on the employer's financial condition and prevailing market rates, subject to a penalty clause for non-compliance. Karnataka High Court.

  • 24-December-2025
  • Daksha Legal
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  ‘’Even the most solemn proceedings stand vitiated if they are actuated by fraud.’’ Karnataka High Court imposes exemplary costs on a litigant for pursuing fraudulent claims and dragging the dispute on for more than a decade.

  • 24-December-2025
  • Daksha Legal
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  Associations. Power to elect a Chairman/President would carry with it the power to remove by ‘no-confidence’ subject to following the due procedure. In the absence of the express power/procedure, the guidelines issued by the judicial decisions must be followed. Karnataka High Court.

  • 22-December-2025
  • Daksha Legal
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  Writ Jurisdiction. While a Bar Association may not be a State within the strict contours of Article 12, it nonetheless discharges obligations rooted in the public law domain. Where actions of a Bar Association undermine democratic norms, procedural fairness or the rights of its members in their professional capacity, writ jurisdiction can be invoked. Karnataka High Court.

  • 26-December-2025
  • Daksha Legal