Judgements

The allotment of Civic Amenity sites by an Urban Development Authority is not a matter of pure discretion but is a quasi-judicial process governed strictly by statutory rules. An allotment made without recorded reasons for preferring one applicant over others, or one that ignores the comparative merits of competing institutions is liable to be quashed. Karnataka High Court.

16-March-2026

Daksha Legal
Abetment of suicide. If the preliminary investigation and facts suggest a continuous course of conduct that effectively served as the 'last straw' leading to the suicide, the High Court will not exercise its inherent powers to quash the proceedings. Karnataka High Court.

16-March-2026

Daksha Legal
Compassionate appointment. State authority does not have the jurisdiction to unilaterally declare a registered adoption deed as invalid or refuse to recognize it based on the personal law of the employee. Karnataka High Court.

16-March-2026

Daksha Legal
Offences relating to administration of justice. Merely because the main legal proceedings have been withdrawn, dismissed, or otherwise disposed of, the court does not lose its jurisdiction to entertain an application under Section 340 of the Cr.P.C. Karnataka High Court.

14-March-2026

Daksha Legal
The Debt Recovery Tribunal does not have inherent power to refund court fees in the absence of an express statutory provision. Payment of statutory fees is not governed by a strict quid pro quo; once the fee is paid for filing, it cannot be reclaimed merely because the matter is settled or withdrawn. The General Clauses Act also does not confer an implied power to refund fees simply because an authority has the power to collect them. Karnataka High Court.

15-March-2026

Daksha Legal
Partition. The principle that there cannot be a partial partition is not an absolute one. Partial partition is permissible by exercising power under Section 151 of the CPC. Karnataka High Court.

13-March-2026

Daksha Legal
Urban Planning. A person who voluntarily relinquishes portion of land in favour of Planning Authority is deemed to have 'acquiesced' to that action. Such a party cannot later belatedly challenge the validity of the notification simply because other similarly situated persons succeeded in a legal challenge. Karnataka High Court.

13-March-2026

Daksha Legal
A public official who carries out demolition of a property without following the mandatory statutory procedures is personally liable to compensate the affected party for the illegal demolition. The plea that the official acted at the instance or behest of a private individual does not absolve him of liability toward the victim, though it may reserve a right for the official to seek indemnity. Karnataka High Court.

13-March-2026

Daksha Legal
Specific Relief Act. A contract of personal service with a private entity is not specifically enforceable. A suit filed by a private employee seeking a mandatory injunction for reinstatement or the quashing of a termination notice is ex-facie barred by law. Karnataka High Court.

12-March-2026

Daksha Legal
A government circular imposing ban on sale of sites formed in a layout without obtaining a release from the Planning Authority cannot be applied retrospectively to divest a property owner of rights acquired through a registered sale deed executed prior to the date of the circular. Karnataka High Court.

12-March-2026

Daksha Legal
A failed romantic relationship that does not result in marriage cannot, by itself, be characterized as a criminal offense. Unless the allegations clearly establish the essential ingredients of a crime, the police cannot investigate a complaint that is essentially a byproduct of personal heartbreak. Karnataka High Court.

12-March-2026

Daksha Legal
A Deputy Commissioner or municipal authority does not possess the inherent or statutory jurisdiction to summarily cancel a long-standing Khata without a clear finding of fraud or a decree from a competent Civil Court. While the State can initiate action against illegal encroachments, it cannot use administrative proceedings to adjudicate complex disputes of title; the proper remedy remains with the Civil Court. Karnataka High Court.

12-March-2026

Daksha Legal

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