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  Arbitration and Conciliation Act. Arbitration can be only between parties to the arbitration agreement. Directors or Shareholders cannot be made parties to arbitration proceedings merely because they are related to the company or due to concerns about the company's ability to pay. Karnataka High Court.

  • 14-December-2025
  • Daksha Legal
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  Mohammedan Law. The mere registration of a gift deed does not, by itself, establish compliance with all legal requirements. A valid gift must be supported by three essential elements: a clear declaration by the donor, acceptance by the donee, and contemporaneous as well as continuous delivery of possession to the donee. Unless these elements are proved, the donor remains entitled to subsequently alienate the property, and the donee cannot rely on an earlier, unproven gift to challenge the validity of later transactions. Karnataka High Court.

  • 15-December-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. A petition under Section 11 though filed before the expiry of the mandatory 30-day notice period, need not be dismissed on technical grounds if the respondent concurs with the arbitrator's appointment. Karnataka High Court.

  • 15-December-2025
  • Daksha Legal
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  Land Acquisition Act 1894. Interest under Section 28 is an accretion to the value of the land and hence forms part of the enhanced compensation. Land acquisition authorities cannot deduct Tax deduction at source (TDS) on such payments made to the landowners. Karnataka High Court.

  • 13-December-2025
  • Daksha Legal
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  Government establishes web-enabled Revenue Court Case Monitoring System to effectively track cases before the Deputy Commissioner, Assistant Commissioner and Tahsildar courts, from case initiation through proceedings and final orders, with public access to dispute survey numbers and judgments. Karnataka High Court.

  • 13-December-2025
  • Daksha Legal
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  Following the Karnataka High Court’s identification of procedural lapses, Government introduces Revenue Court Cases Monitoring System for the effective management of Land Tribunal cases. Constitutes a dedicated committee.

  • 13-December-2025
  • Daksha Legal
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  Labour Law. When a reinstatement award is passed in favor of a workman, and the implementation of that award is subsequently stayed by an appellate court upon the employer's challenge, the principle of ‘no work no pay’ will not apply for the period the stay order was in operation, as the workman was prevented from working due to the employer's legal challenge. Karnataka High Court.

  • 13-December-2025
  • Daksha Legal
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  Though in cases involving violations of the principles of natural justice, the appropriate course is to remand the matter to afford the concerned party an opportunity of hearing, the contemporary view is to curtail litigation and not to multiply. An unwarranted remand by a higher court only initiates a fresh round of proceedings, which ought to be avoided. Supreme Court.

  • 15-December-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. When the statutory time limit for making the arbitral award expires without an award being made, the mandate of the arbitrator stands terminated and the arbitrator becomes functus officio. In such a circumstance, the Court is empowered and obligated to substitute the arbitrator to ensure the expeditious resolution of the dispute. Supreme Court.

  • 12-December-2025
  • Daksha Legal
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  Karnataka Stamp Act. Recovery of deficit duty in cases of suppression, cannot be invoked against a Co-operative Housing Society for a sale deed executed for the purchase of undeveloped land meant for distribution as sites to its members. The liability for deficit stamp duty based on the subsequent sale of developed sites to members is a future event that materializes only upon the execution of those subsequent sale deeds by the allottees. Karnataka High Court.

  • 12-December-2025
  • Daksha Legal
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  An appellate court exercising its jurisdiction under Section 13(1-A) of the Commercial Court Act ought not to interfere with the discretionary order of an interlocutory injunction passed by the Commercial Court unless that discretion is shown to have been exercised arbitrarily, capriciously, or perversely. Karnataka High Court.

  • 12-December-2025
  • Daksha Legal
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  Preventive detention. If the detaining authority fails to provide the detenue with legible copies of all relied-upon documents, the same constitutes a fundamental violation of the right to make an effective representation guaranteed under Article 22(5) of the Constitution of India. Strict compliance with all constitutional and statutory safeguards is mandatory for the exercise of the draconian power of preventive detention. Karnataka High Court.

  • 12-December-2025
  • Daksha Legal