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  The Revenue authorities cannot initiate proceedings to cancel land grants or delete entries from the Record of Rights after an inordinate and unexplained delay. Failure of the State to maintain its own records cannot be used as a ground to penalize bona fide holders of the land. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  Negotiable Instruments Act. In a criminal revision, the High Court cannot act as a second appellate court to re-evaluate or re-interpret factual evidence unless the findings of the lower courts are demonstrably perverse or suffer from a jurisdictional error. Concurrent findings of conviction by a Trial Court and an Appellate Court will not be set aside merely because a different view of the evidence is possible. Karnataka High Court.

  • 18-April-2026
  • Daksha Legal
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  Proceedings under the Karnataka Protection of Interest of Depositors in Financial Establishments are not 'suits' as defined under the Code of Civil Procedure. Provisions of Order VII Rule 11 of the CPC cannot be invoked to dismiss an application or petition filed under the Act. Karnataka High Court.

  • 18-April-2026
  • Daksha Legal
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  Wife’s right to receive interim maintenance cannot be defeated at the preliminary stage based on a husband's unproven allegation of adultery. Since the question of whether a spouse is 'living in adultery' is a substantive defense that requires a full trial and the leading of evidence, it cannot be adjudicated during an interlocutory application. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Land acquisition. A landowner who voluntarily enters into a price-fixation agreement and accepts a 'consent award' cannot subsequently seek enhancement of compensation through writ jurisdiction. A challenge filed years after the acceptance of such compensation is barred by both the principle of finality of contracts and the doctrine of laches. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Karnataka Town and Country Planning Act. ‘Change of land use’ cannot be rejected on the ground that clearance from the Revenue Department regarding surplus land under the Urban Land (Ceiling and Regulation) Act has not been obtained, especially when physical possession of the land was not taken by the State prior to the repeal of the ULC Act. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  The State has exclusive privilege over the liquor trade, and no citizen has a fundamental right to carry on such business. Adoption of a public auction model for grant of excise licences is a valid policy decision and does not affect existing valid licence holders. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  Default Bail. Section 193(2) of the BNSS, prescribing a 60-day period for filing the charge sheet in specified offences, is intended to ensure expeditious investigation in cases such as rape and POCSO. It is a provision for the benefit of the victim and cannot be invoked by the accused to claim statutory/default bail. Karnataka High Court.

  • 17-April-2026
  • Daksha Legal
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  An electricity distribution company cannot disconnect supply merely at the request of a municipal authority to penalize or coerce an owner for alleged unauthorized construction. Being an essential service, electricity cannot be cut off as a substitute for the statutory notice and demolition procedures under municipal law. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  SARFAESI Act. A secured creditor is under a legal obligation to ensure the delivery of actual physical possession to the purchaser. The right to take possession under Section 14 remains legally available even after the sale of the property has been confirmed and the title has been transferred to an auction purchaser. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  In international child custody disputes, jurisdiction is determined by the child’s ordinary residence. Where the child has been substantially raised abroad, Indian courts, guided by comity of nations and the child’s best interests, ordinarily decline merits adjudication and direct return to the country of habitual residence for custody determination. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal
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  Hindu Law. Where an oral family arrangement effecting partition by metes and bounds is reported to the revenue authorities and reflected in the records, it constitutes a valid partition and is exempt from registration. Partition is not a transfer but a mutual arrangement, and revenue entries, if supported by cogent evidence, can establish a valid partition. Karnataka High Court.

  • 16-April-2026
  • Daksha Legal