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  Criminal Law. Filing of chargesheet without FSL report, DNA report, CDRs does not denude it of its character as a final report in the eye of law nor does it revive or confer upon the accused, a right to claim statutory bail. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  SARFAESI Act. Bar under Section 34 does not apply where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged,. When a suit is filed for a declaration of title and a challenge is made to the validity of the mortgage on the grounds of fraud, plaint cannot be rejected under Order VII Rule 11 CPC. Karnataka High Court. 2026 Daksha Legal Kar 173-186

  • 20-April-2026
  • Daksha Legal
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  Karnataka Public Premises (Eviction of Unauthorized Occupants) Act. Proceedings under the Act are summary in nature. Provisions of CPC which pertain to interrogatories and the discovery of documents, are not applicable the proceedings. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  Karnataka Stamp Act. The power to impound document under Section 33 is not lost simply because a document has already been admitted or marked as an exhibit. The bar against reopening the admissibility applies if the Court had specifically applied its mind and made a 'judicial determination' regarding the sufficiency of the stamp duty at the time of admission. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  The Revenue authorities cannot initiate proceedings to cancel land grants or delete entries from the Record of Rights after an inordinate and unexplained delay. Failure of the State to maintain its own records cannot be used as a ground to penalize bona fide holders of the land. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  Negotiable Instruments Act. In a criminal revision, the High Court cannot act as a second appellate court to re-evaluate or re-interpret factual evidence unless the findings of the lower courts are demonstrably perverse or suffer from a jurisdictional error. Concurrent findings of conviction by a Trial Court and an Appellate Court will not be set aside merely because a different view of the evidence is possible. Karnataka High Court.

  • 18-April-2026
  • Daksha Legal
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  Proceedings under the Karnataka Protection of Interest of Depositors in Financial Establishments are not 'suits' as defined under the Code of Civil Procedure. Provisions of Order VII Rule 11 of the CPC cannot be invoked to dismiss an application or petition filed under the Act. Karnataka High Court.

  • 18-April-2026
  • Daksha Legal
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  Wife’s right to receive interim maintenance cannot be defeated at the preliminary stage based on a husband's unproven allegation of adultery. Since the question of whether a spouse is 'living in adultery' is a substantive defense that requires a full trial and the leading of evidence, it cannot be adjudicated during an interlocutory application. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Land acquisition. A landowner who voluntarily enters into a price-fixation agreement and accepts a 'consent award' cannot subsequently seek enhancement of compensation through writ jurisdiction. A challenge filed years after the acceptance of such compensation is barred by both the principle of finality of contracts and the doctrine of laches. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Karnataka Town and Country Planning Act. ‘Change of land use’ cannot be rejected on the ground that clearance from the Revenue Department regarding surplus land under the Urban Land (Ceiling and Regulation) Act has not been obtained, especially when physical possession of the land was not taken by the State prior to the repeal of the ULC Act. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  The State has exclusive privilege over the liquor trade, and no citizen has a fundamental right to carry on such business. Adoption of a public auction model for grant of excise licences is a valid policy decision and does not affect existing valid licence holders. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Default Bail. Section 193(2) of the BNSS, prescribing a 60-day period for filing the charge sheet in specified offences, is intended to ensure expeditious investigation in cases such as rape and POCSO. It is a provision for the benefit of the victim and cannot be invoked by the accused to claim statutory/default bail. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal