Judgements

Order 21 Rule 54 CPC. In execution proceedings involving large-scale real estate projects, an order of attachment must be proportionate and specifically directed. Attaching an entire project when the dispute or the underlying liability only pertains to a small fraction of those units is contrary to law and unsustainable. Karnataka High Court.

09-April-2026

Daksha Legal
Negotiable Instruments Act. The Magistrate at the stage of issuing process is only required to determine if there is a 'prima-facie' case to proceed. The question of whether the cheque was issued for a 'legally enforceable debt' is a disputed question of fact and a matter of trial. A Revisional Court or the High Court cannot set aside the issuance of process by conducting a mini-trial. Supreme Court.

09-April-2026

Daksha Legal
Magistrate has no power to order issuance of Red Corner Notice or consequential open-dated warrant either under Cr.P.C., BNSS or any other law. Karnataka High Court.

08-April-2026

Daksha Legal
Motor Vehicles Act. Amount paid to victim from out of the ‘Passengers Accident Relief Fund Trust’ established by the Road Transport Corporation cannot be termed as interim compensation and hence cannot be deducted from the compensation. Karnataka High Court.

08-April-2026

Daksha Legal
Industrial Disputes Act. A separate application for condonation of delay is not necessary to prosecute the claim on Section 33C(1), when the claim for recovery of money is made beyond one year from the due date, if sufficient cause is shown in the petition itself. Karnataka High Court.

08-April-2026

Daksha Legal
Arbitration and Conciliation Act. If an agreement containing an arbitration clause is superseded, the clause also stands terminated, and whether disputes are referable to arbitration depends on whether the subsequent agreement provides for such reference. Karnataka High Court.

08-April-2026

Daksha Legal
Prevention of Corruption Act. When the State fails to provide adequate justification for withholding approval despite judicial directions to reconsider, and where the facts of the case suggest that a further remand to the government would be 'unnecessary and unwarranted,' the High Court, under its writ jurisdiction, is empowered to issue a Mandamus directing the State to grant the necessary approval for an investigation to proceed. Karnataka High Court.

08-April-2026

Daksha Legal
In matters of inheritance for families previously governed by Aliyasanthana Law, if the property owner dies after the enactment of the Hindu Succession Act, 1956, the provisions of the 1956 Act—specifically Section 7(2) and Section 17—shall override the customary Madras Aliyasanthana law. Karnataka High Court.

07-April-2026

Daksha Legal
Karnataka Land Grant Rules. State cannot pass an order regarding payment for standing trees on granted land without first obtaining a formal valuation from the competent authority. Any administrative order issued without such a technical valuation report is procedurally flawed and liable to be quashed. Karnataka High Court.

07-April-2026

Daksha Legal
Though the Judge's power to put questions under Section 165 of the Evidence Act is very wide, leading questions cannot be asked in a manner that tilts the balance in favour of either party. Unnecessary intervention affects the fairness of the trial, which is an integral component of Article 21 of the Constitution. Karnataka High Court.

07-April-2026

Daksha Legal
A suit for injunction cannot be summarily dismissed as 'abated' solely due to the death of a defendant if the right to sue survives against the legal representatives. Karnataka High Court.

06-April-2026

Daksha Legal
A municipal authority cannot reject an application for a building plan sanction solely on the basis of a proposed road widening or development project contained in a Master Plan. ‘’Reservation’’ of land does not amount to ‘’acquisition’’. Karnataka High Court.

06-April-2026

Daksha Legal

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