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Judgements
Insolvency and Bankruptcy Code. An approved Resolution Plan operates as a final settlement of all claims against the Corporate Debtor. All statutory dues, including tax liabilities, that do not form part of the resolution plan stand permanently extinguished. Any assessment orders or demand notices issued by the Income Tax Department for periods prior to the approval of the plan are void ab initio and without jurisdiction. Karnataka High Court.
13-February-2026
Daksha Legal
A registered Sale Deed executed by a Housing Co-operative Society in favor of its member cannot be cancelled unilaterally by the Society through a subsequent Deed of Cancellation. The power to cancel a registered instrument vests exclusively with the Civil Court under Section 31 of the Specific Relief Act. Any subsequent allotment or sale of the same property to a third party, predicated upon such a void cancellation deed, is invalid and does not affect the absolute ownership of the original purchaser. Karnataka High Court.
13-February-2026
Daksha Legal
Executive authorities, including the Special Deputy Commissioner, has no inherent statutory jurisdiction to cancel a registered instrument under the Registration Act since a registered sale deed can only be cancelled or set aside by a competent Civil Court through a substantive suit. Any such order of cancellation is a nullity, and the mere passage of time or delay in challenging such an order does not validate an action taken without the authority of law. Karnataka High Court.
13-February-2026
Daksha Legal
Arbitration and Conciliation Act. A party who disputes the very existence or execution of the agreement cannot maintain an application for referral to arbitration under Section 8, as the existence of a valid and admitted agreement is the jurisdictional bedrock for such an order. A Trial Court exceeds its jurisdiction if it refers parties to arbitration when the underlying agreement is denied by the applicant themselves. Karnataka High Court.
13-February-2026
Daksha Legal
Mere pendency of writ petition or writ appeal or SLP will not extend time to pass award under the Land Acquisition Act unless interim orders prevented passing of the award. Karnataka High Court.
12-February-2026
Daksha Legal
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will. Karnataka High Court.
12-February-2026
Daksha Legal
Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
12-February-2026
Daksha Legal
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
12-February-2026
Daksha Legal
The power of review is a substantive power that must be specifically conferred by statute; it cannot be assumed by an executive authority nor can it be conferred through an executive order in violation of statutory prohibitions. Allowing a Revenue Officer to review its own concluded quasi-judicial order would trench upon the constitutional doctrine of separation of powers. Supreme Court.
13-February-2026
Daksha Legal
Land acquisition. Where a landowner participates in deliberations to determine the quantum of compensation and accepts a portion of that compensation, he is deemed to have acquiesced to the acquisition and cannot subsequently challenge its validity. Karnataka High Court.
11-February-2026
Daksha Legal
Karnataka Rent Act. Rent Court has no jurisdiction to award 'damages' or 'mesne profits' for the continued occupation of the premises by the tenant during the pendency of the litigation. Such a claim for damages constitutes a distinct cause of action that must be pursued by the landlord through a separate substantive civil suit. Karnataka High Court.
11-February-2026
Daksha Legal
Evidence Act. A judicial admission made by a party in prior legal proceedings regarding the execution of a Will constitutes 'estoppel by record.' Such an admission dispenses with the formal requirement of proving the Will's execution. Karnataka High Court.
11-February-2026
Daksha Legal
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