Judgements

An auction sale under the SARFAESI Act is liable to be set aside where the balance sale consideration is not paid within the prescribed period under Rule 9 of the SARFAESI Rules. In such cases, the borrower’s continuous and bona fide efforts to redeem the secured asset are relevant considerations that must be duly taken into account. Supreme Court. 2026 Daksha Legal SC 182-193

11-June-2026

Daksha Legal
Doctrine of forum non-conveniens does not strictly apply to writ proceedings. Where the question of pursuing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to clause (1) of Article 226, the doctrine of forum non conveniens may rarely apply. Supreme Court.

11-June-2026

Daksha Legal
Land Acquisition. Where direct evidence in the form of contemporaneous sale instances or exemplars pertaining to the same village is available, such evidence constitutes the most desirable and preferred basis for determination of market value. Karnataka High Court.

11-June-2026

Daksha Legal
Motor Vehicles Act. Award of interest. Though no fixed or uniform formula can be applied for determining the rate of interest, prevailing Bank rates can be a guiding factor. Karnataka High Court.

11-June-2026

Daksha Legal
Commercial Courts Act. Bar under Section 8 against challenge to interlocutory orders does not curtail the constitutional supervisory jurisdiction of the High Court under Article 227 of the Constitution though interference to be limited to errors causing manifest injustice. Karnataka High Court.

10-June-2026

Daksha Legal
Suit for specific performance. Though the limitation period for filing a suit is three years, the plaintiff's inaction in waiting until the fag end of the limitation period is a relevant factor in assessing his readiness and willingness to perform the contract. Karnataka High Court.

10-June-2026

Daksha Legal
‘’High-rise buildings containing pocket apartments, irrespective of the luxury and amenities they offer, cannot be permitted to stand where they pose a risk to public safety, particularly to the residents of the building and those residing in the neighbouring and surrounding areas.’’ Karnataka High Court upholds suspension of the sanctioned plan.

10-June-2026

Daksha Legal
Mere pendency of judicial proceedings, without a specific stay order, does not absolve statutory or administrative authorities from considering applications and passing reasoned orders. Karnataka High Court. 2026 Daksha Legal Kar 232-234

10-June-2026

Daksha Legal
Karnataka Land Reforms Act. A person claiming tenancy, who has not sought the grant of occupancy rights in accordance with law, cannot challenge an order of the competent authority conferring occupancy rights upon another tenant. Karnataka High Court. 2026 Daksha Legal Kar 235-237

11-June-2026

Daksha Legal
A wife cannot file a complaint against her husband, who is a senior citizen, under the Maintenance and Welfare of Parents and Senior Citizens Act. 2026 Daksha Legal Kar 227-231

10-June-2026

Daksha Legal
Dowry death. The word ‘relative’ in Section 304B or 498A of the IPC is, relative by blood, marriage or adoption. A person who is not a relative of the husband in terms of the definition cannot be proceeded against in a case of dowry death. Karnataka High Court.

11-June-2026

Daksha Legal
Mere preferring of an appeal would not, by itself, operate as a stay of the order appealed against. Supreme Court.

09-June-2026

Daksha Legal

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