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  Land Acquisition. Payment of solatium and interest under the Land Acquisition Act, 1894 are applicable to acquisitions made under the National Highways Act, 1956. Karnataka High Court.

  • 20-January-2026
  • Daksha Legal
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  RERA Act, 2016. A financial institution or NBFC, when acting solely as a lender, does not come within the definition of a “promoter” under Section 2(zk). Consequently, it is not required to make a pre-deposit as a condition precedent for the Real Estate Appellate Tribunal to entertain its appeal. Karnataka High Court.

  • 20-January-2026
  • Daksha Legal
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  Order VI Rule 17, CPC. The due diligence requirement envisaged in the proviso is not of universal application to every application for amendment of pleadings filed after the commencement of trial. In appropriate cases, even where the test of due diligence is not satisfied, the Court's power to allow amendment of pleadings remains intact. Karnataka High Court.

  • 20-January-2026
  • Daksha Legal
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  Limitation Act. Administrative delay or laxity can never be treated as a sufficient cause for condoning delay. When the State chooses to litigate, it is bound by the same law of limitation as any other litigant. Delay cannot be condoned on vague or casual grounds unless the State clearly establishes bona fide conduct and due diligence. Karnataka High Court.

  • 20-January-2026
  • Daksha Legal
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  Transferee lis pendens may pursue the appeal against a decree of specific performance against the vendor, as a legal representative/ inter-meddler of the estate of the vendor impleading the vendor as a party in the appeal and on his death, on non-substitution of his heirs /legal representatives, the appeal would abate. Supreme Court.

  • 19-January-2026
  • Daksha Legal
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  An appeal against a judgment of acquittal for bailable offences passed by a Magistrate lies exclusively to the High Court under Section 378(1)(b) of the Cr.P.C. A Court of Session lacks the jurisdiction to entertain such an appeal; any judgment rendered by it in such a matter is a nullity and void ab initio. Karnataka High Court.

  • 19-January-2026
  • Daksha Legal
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  Proceedings under the Urban Land (Ceiling and Regulation) Act abate under the Repealing Act if the State fails to take actual physical possession of the excess land before the Repealing Act came into force. The State must prove voluntary surrender, peaceful transfer or forceful dispossession under Section 10(6). Supreme Court.

  • 19-January-2026
  • Daksha Legal
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  Companies Act 1956. The Court will not interfere with a Scheme of Arrangement approved by an overwhelming majority unless it is patently illegal, fraudulent, or based on a perverse valuation; pending misfeasance proceedings or minority share disputes do not bar sanction of an otherwise viable scheme. Karnataka High Court.

  • 19-January-2026
  • Daksha Legal
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  A suit or appeal does not abate for non-substitution if the deceased’s interest is adequately represented on record; in specific performance cases, the absence of one branch of heirs does not invalidate the decree or cause abatement, and a decided issue of abatement cannot be reopened in the same proceedings. Supreme Court.

  • 19-January-2026
  • Daksha Legal
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  In cases of arrest under special enactments like the KGST Act, the Court’s jurisdiction under Article 226/Section 482 is narrow. Interference is warranted only in cases of manifest arbitrariness or gross violation of statutory safeguards, and not for minor procedural lapses. Karnataka High Court.

  • 17-January-2026
  • Daksha Legal
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  Transfer of Property Act. A transferee pendente lite has no independent right to resist or obstruct the execution of a decree for specific performance. Such a transferee steps into the shoes of the judgment debtor and is bound by the final outcome of the suit as if they were a party to it. Supreme Court.

  • 17-January-2026
  • Daksha Legal
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  Hindu Adoptions and Maintenance Act. The expression “any widow of his son” includes a daughter-in-law irrespective of whether she became a widow before or after the death of her father-in-law. Such a widow is a “dependant” entitled to claim maintenance from the estate of her father-in-law under Section 22 of the Act, if she is unable to maintain herself from her husband’s estate or other specified sources. Supreme Court.

  • 16-January-2026
  • Daksha Legal