Judgements

SARFAESI Act. Under Section 14 the Magistrate performs only ministerial function. He has no authority to adjudicate disputes or entertain objections from borrowers or third parties. Karnataka High Court.

13-September-2025

Daksha Legal
Unregistered power of attorney is admissible as evidence if it explicitly states that no consideration was paid for it and is therefore not required to be registered. Court is not permitted to go beyond the recitals of the document to determine its admissibility. Karnataka High Court.

13-September-2025

Daksha Legal
In a partition suit, no decree can be granted in favour of a person holding an agreement with a co-sharer. The defendant must prove the sale agreement and possession, which are not deemed admitted merely because the co-sharer has not filed a written statement. The appropriate remedy is a separate suit for specific performance or damages, not a claim within partition proceedings. Karnataka High Court.

12-September-2025

Daksha Legal
Arbitration and Conciliation Act. An order refusing an application under Section 8, is an appealable order under Section 37 of the Act. Review of the said order under the Code of Civil Procedure is not permissible. Karnataka High Court.

12-September-2025

Daksha Legal
‘’Procedural enactment should not be construed in any manner, which would leave the Court helpless to meet extra-ordinary situations in the ends of justice’’. Order VIII Rule 1 of CPC providing for upper limit of 90 days to file written statement is directory not mandatory. Karnataka High Court.

12-September-2025

Daksha Legal
A civil court, including a Commercial Court, lacks jurisdiction to entertain a suit challenging the actions of a secured creditor under the SARFAESI Act when the dispute falls within the exclusive domain of the Debt Recovery Tribunal. Karnataka High Court.

12-September-2025

Daksha Legal
An order or decree of the Supreme Court passed on the basis of a settlement is enforceable by the executing court. If specific execution of such a decree becomes impossible, the executing court is duty-bound to grant an alternative remedy so that the decree holder secures the benefits of the litigation. Orissa High Court.

11-September-2025

Daksha Legal
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. Where service rules do not provide for an appeal, the aggrieved party may file an appeal under Rule 11 of the Rules framed under the Act. A writ petition is not maintainable in such circumstances. Karnataka High Court.

12-September-2025

Daksha Legal
A dispute that is essentially of a civil nature, arising from a breach of contract, cannot be given a criminal texture by clever drafting especially when the allegations concern contractual grievances and monetary claims that are already being addressed in civil or arbitration proceedings. Karnataka High Court.

11-September-2025

Daksha Legal
Income Tax Act. A completed or unabated assessment cannot be reopened under Section 153A unless incriminating material revealing undisclosed income is discovered during the search. The object of Section 153A is to tax such undisclosed income detected in the search, not to arbitrarily reassess concluded matters. Karnataka High Court.

11-September-2025

Daksha Legal
Karnataka Rent Act. Production of rent receipts serves as prima facie proof of the landlord-tenant relationship, enabling the court to proceed with the eviction case without a detailed inquiry into the landlord’s title. The revisional court cannot exceed its jurisdiction by undertaking a fact-finding exercise. Supreme Court.

11-September-2025

Daksha Legal
Karnataka Land Reforms Act. A family dispute concerning agricultural land cannot be treated as a landlord–tenant matter under the Act. Mere possession and cultivation of the land do not establish tenancy; the burden lies on the claimant to prove the existence of a tenancy. Karnataka High Court.

11-September-2025

Daksha Legal

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