• 

  Karnataka Protection of Interest of Depositors in Financial Establishments Act. ‘Deposit’ under Section 2(2) is widely inclusive, covering any money received by a financial establishment to be returned with benefit, unless it is proven to fall within the Act's seven specific exceptions. Karnataka High Court.

  • 10-December-2025
  • Daksha Legal
• 

  Judicial review of a policy decision, such as the revision of property tax rates by a Municipal Corporation, is limited to assessing the legality of the decision making process. Court cannot substitute its own judgment for that of the executive body especially when the body is discharging its statutory obligation to generate independent revenue for public welfare. Supreme Court.

  • 10-December-2025
  • Daksha Legal
• 

  Karnataka Slum Areas (Improvement and Clearance) Act. Statutory authorities under the Act are required to complete the compulsory acquisition process within a reasonable time after issuing a declaration of a ‘slum area’. An undue and unexplained delay in initiating or pursuing the acquisition constitutes a failure to discharge their statutory duty and justifies quashing the original slum declaration on the ground of delay and laches. Karnataka High Court.

  • 09-December-2025
  • Daksha Legal
• 

  Real Estate (Regulation and Development) Act. The jurisdictional Deputy Commissioner is under a mandatory statutory obligation to act upon and execute a Recovery Certificate issued by the Authority expeditiously. The failure of the Deputy Commissioner to discharge this duty warrants the issuance of a writ of mandamus to ensure time-bound recovery of the awarded amounts. Karnataka High Court.

  • 09-December-2025
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. Transfer of granted land even if for a reduced upset price is void if it violates the non-alienation condition imposed in the grant. When the grantee accepts the condition of non-alienation, a subsequent purchaser cannot contend that such condition could not have been imposed. Karnataka High Court.

  • 09-December-2025
  • Daksha Legal
• 

  VIII Rule 6A CPC. Counter claim by defendant against the co-defendant is maintainable if the counterclaim touches upon the claim against the plaintiff as well. Karnataka High Court.

  • 09-December-2025
  • Daksha Legal
• 

  Order XXXVII CPC. In summary suits, ten days period prescribed under Rule 3(5) for the defendant to apply for leave to defend, counted from the date of service of the summons for judgment is merely the outer limit. An application for leave to defend filed by the defendant after entering appearance but before the service of the summons for judgment is not premature and is legally maintainable. Karnataka High Court.

  • 08-December-2025
  • Daksha Legal
• 

  Revised Master Plan, 2015. In private layouts, Civic Amenity sites shall be handed over to the local residents association for maintenance since they are community assets for residents' maintenance. Karnataka High Court.

  • 08-December-2025
  • Daksha Legal
• 

  Arbitration and Conciliation Act. A mutually agreed interest rate cannot later be assailed as excessive, and an arbitrator has no authority to depart from or alter the contractual rate of interest. Supreme Court.

  • 08-December-2025
  • Daksha Legal
• 

  Rape. When a Trial Court wrongly applies later statutory amendment to an offence committed before its enforcement, it breaches the constitutional prohibition on ex post facto laws under Article 20(1). A rape conviction cannot stand where the victim was above the age of consent under the unamended law and the medical and oral evidence points to voluntary cohabitation rather than forcible intercourse. Karnataka High Court.

  • 08-December-2025
  • Daksha Legal
• 

  Writ Court can intervene and correct the rejection of a nomination in an election process, even for an association, if the rejection is found to be incorrect or arbitrary. The Court's writ jurisdiction extends to the examination of the validity of nomination rejections in such elections. Karnataka High Court.

  • 06-December-2025
  • Daksha Legal
• 

  Land acquisition. A suit for permanent injunction against a land acquiring authority is not maintainable in a Civil Court under Section 9 CPC if the land has already been subject to completed acquisition proceedings. Land Acquisition Act is a complete code, and the Civil Court's jurisdiction is barred from interfering with such proceedings. Karnataka High Court.

  • 06-December-2025
  • Daksha Legal