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  ‘In the rapidly mutating landscape of cyber enabled financial frauds, deception no longer adheres to the crude paradigm of cash deposits’. Karnataka High Court refuses to quash criminal proceedings related to ‘Digital Gold Scheme’.

  • 04-March-2026
  • Daksha Legal
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  When a new legislative enactment comes into force repealing the old enactment, the authorities can no longer exercise enforcement powers under the superseded or repealed statute. For any enforcement action to be valid, it must strictly adhere to the procedural and substantive requirements of the legislation currently in effect at the time the action is initiated. Karnataka High Court.

  • 05-March-2026
  • Daksha Legal
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  Order XXII Rule 5 CPC. At the stage of substituting Legal Representatives the Court is only required to determine who has the right to represent the estate of the deceased for the purpose of continuing the litigation. A disputed Will cannot be used at this preliminary stage to exclude other natural heirs or to seek a summary adjudication on the Will's validity. Karnataka High Court.

  • 04-March-2026
  • Daksha Legal
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  A suit for bare permanent injunction is maintainable even without a prayer for declaration of title, provided the plaintiff establishes 'settled possession' of the suit property as on the date of the suit. If the defendants fail to prove that they successfully dispossessed the plaintiff or that the plaintiff’s possession is unlawful, the court is bound to protect the plaintiff’s peaceful enjoyment of the property against any high-handed interference by the defendants. Karnataka High Court.

  • 04-March-2026
  • Daksha Legal
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  Karnataka Land Revenue Rules. In proceedings for the regularization of unauthorized cultivation of government land under Chapter XIII-A, an application cannot be rejected solely on the ground that the remaining land would be insufficient for free pasturage since the statutory proviso to the Rules explicitly exempts regularization cases from the requirement of maintaining a minimum pasturage limit and from the necessity of obtaining prior permission from the Deputy Commissioner for such reduction. Karnataka High Court.

  • 04-March-2026
  • Daksha Legal
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  Non mentioning of water bodies and storm water drain in the Comprehensive Development Plan is inconsequential for exercising statutory power to remove encroachment or blockage of natural water course which actually exist on the lands. A sanctioned building plan or the issuance of an Occupancy Certificate does not validate the encroachment or obstruction of a storm water drain. Karnataka High Court.

  • 04-March-2026
  • Daksha Legal
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  Maintenance. Where the income of either party is disputed, the Court can suo motu or on the application of the spouse pass Production Order summoning income tax returns and related financial records from the Designated Officer of the Income Tax Department. Karnataka High Court.

  • 03-March-2026
  • Daksha Legal
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  Criminal law is not a shortcut to resolving property disputes or for settling scores in civil litigations. If the allegations in the FIR essentially comprise a civil grievance and are filed with a mala fide intent to harass the opposing party, the High Court must exercise its inherent jurisdiction under Section 482 of the CrPC to quash such proceedings to prevent the miscarriage of justice. Karnataka High Court.

  • 03-March-2026
  • Daksha Legal
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  Land acquisition. The power of eminent domain can be exercised by the State only for a legitimate 'public purpose' and must strictly adhere to the 'due process of law.' Any acquisition initiated on the basis of an incomplete application or conducted with undue haste to benefit a private entity at the cost of original landowners is arbitrary, violates the principles of natural justice, and is liable to be quashed. Karnataka High Court.

  • 03-March-2026
  • Daksha Legal
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  Contract Act. A variation in the contract between the principal debtor and creditor without the surety’s consent discharges the surety only to the extent of the unauthorized change. The guarantor remains liable for the original sanctioned amount agreed upon but is absolved from liability for any excess or unauthorized extensions granted without their consent. Supreme Court.

  • 03-March-2026
  • Daksha Legal
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  The legal character of a transaction is determined by the parties’ intent, not its nomenclature. A registered long-term lease for consideration cannot be unilaterally cancelled by the lessor. Any later sale is subject to the lessee’s rights, and the purchaser must honour the lease and allow possession for the full term. Supreme Court.

  • 04-March-2026
  • Daksha Legal
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  Children born from live-in relations cannot be stigmatised or deprived of legal protection since there is a constitutional commitment to protect children, irrespective of the parents' marital status. Where such a relationship ends, the legal system must address the consequences in a manner that prioritises the welfare of the child. Karnataka High Court.

  • 02-March-2026
  • Daksha Legal