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  A registered sale deed that recites transfer of ownership and passing of consideration is legally valid, even if a portion of the sale price remains unpaid. Failure to pay the balance of the purchase price will not render the sale deed void. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  Waqf Act. The right to institute proceedings for declaration of title or recovery of possession of Waqf property vests primarily in the Waqf Board or its duly authorised Chief Executive Officer. A “person interested in the Waqf” has no independent or inherent locus standi to initiate such recovery proceedings in his individual capacity before the Waqf Tribunal. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  Order XXI Rule 90(3) CPC. An application to set aside a judicial sale is not maintainable on grounds which the applicant could and ought to have raised on or before the date of settlement of the sale proclamation. Where the judgment debtor, during his lifetime, fails to challenge the execution proceedings or the sale proclamation, his legal representatives cannot subsequently resurrect such barred objections. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  Order VI Rule 17 CPC. When the essential factual basis is already present in the original pleadings, a post-trial amendment sought merely to 'elaborate' or 'cover up latches' defeats the objective of a speedy trial and is liable to be denied. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  A second wife, during the subsistence of her husband’s first marriage, is not a legal heir of her deceased husband. She is not entitled to a share in his property, and her right is limited only to maintenance. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Negotiable Instruments Act: Recording of the statement of the accused under Section 313 Cr.P.C. after the sworn statement of the complainant, but before the cross-examination, is not fatal to the proceedings under the Act, especially when the complainant’s statement was recorded in the presence of the accused. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Lawyers vs Media Clash. Where the prosecuting agency, despite liberty reserved by the Court, remains inactive for an inordinate period and subsequently seeks to revive criminal proceedings on the same unaltered factual foundation, such revival cannot be construed as a legitimate exercise of liberty but amounts to its misuse. Karnataka High Court quashes proceedings against TV9.

  • 21-April-2026
  • Daksha Legal
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  Negotiable Instruments Act: After the introduction of the Electronic Clearance System, manual intervention is dispensed with, and a bank endorsement without a specific seal or signature of a bank officer is valid in law. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Order 2 Rule 2 CPC. Where the right to relief in respect of which a further suit is brought did not exist at the date of institution of the former suit, the subsequent suit is not barred. Supreme Court.

  • 21-April-2026
  • Daksha Legal
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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. Where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged, bar under Section 34 does not apply. 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.

  • 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