A party bearing the burden of proof cannot, as a general rule—and particularly after the closure of evidence—compel or summon the opposite party to testify as his own witness. Such a course is legally disfavoured and regarded as an abuse of process or a dilatory tactic. The appropriate remedy when the opposing party refrains from entering the witness box is to seek an adverse inference against him. Karnataka High Court.
A party bearing the burden of proof cannot, as a general rule—and particularly after the closure of evidence—compel or summon the opposite party to testify as his own witness. Such a course is legally disfavoured and regarded as an abuse of process or a dilatory tactic. The appropriate remedy when the opposing party refrains from entering the witness box is to seek an adverse inference against him. Karnataka High Court.
  • 18-October-2025
  • Daksha Legal
Judgement
Evidence Act. A registered, 30 year old adoption deed carries a presumption of due execution which, when coupled with proof of the customary 'giving and taking' ceremony, is sufficient to establish the adoption, provided the challenging party fails to rebut the presumption. Karnataka High Court.
Evidence Act. A registered, 30 year old adoption deed carries a presumption of due execution which, when coupled with proof of the customary 'giving and taking' ceremony, is sufficient to establish the adoption, provided the challenging party fails to rebut the presumption. Karnataka High Court.
  • 17-October-2025
  • Daksha Legal
Judgement
Pre-emptive suit by testator for avoiding disputes regarding execution and proof of Will.
Pre-emptive suit by testator for avoiding disputes regarding execution and proof of Will.
  • 21-September-2025
  • Daksha Legal
Article
News
Prevention of Money Laundering Act. Arrest of an accused under Section 19 is legally valid and not arbitrary if the Enforcement Directorate demonstrates sufficient material and a reason to believe that the accused is involved in money laundering, provided that at least one scheduled/predicate offense is alive. Karnataka High Court.
Prevention of Money Laundering Act. Arrest of an accused under Section 19 is legally valid and not arbitrary if the Enforcement Directorate demonstrates sufficient material and a reason to believe that the accused is involved in money laundering, provided that at least one scheduled/predicate offense is alive. Karnataka High Court.
  • 17-October-2025
  • Daksha Legal
Judgement
Town Planning. The validity of a building plan sanction is governed by the law in force on the date of its approval, not the date of application. Mere submission of an application does not confer any vested right or legitimate expectation for consideration under the earlier regulations, particularly when a later statutory amendment introduces restrictions in the public interest. Karnataka High Court.
Town Planning. The validity of a building plan sanction is governed by the law in force on the date of its approval, not the date of application. Mere submission of an application does not confer any vested right or legitimate expectation for consideration under the earlier regulations, particularly when a later statutory amendment introduces restrictions in the public interest. Karnataka High Court.
  • 17-October-2025
  • Daksha Legal
Judgement
Rejection of plaint. Where several reliefs are sought in suit, if any one of the reliefs is within the period of limitation, the plaint cannot be rejected as barred by law by taking recourse to Order 7 Rule 11 (d) of CPC. Supreme Court.
Rejection of plaint. Where several reliefs are sought in suit, if any one of the reliefs is within the period of limitation, the plaint cannot be rejected as barred by law by taking recourse to Order 7 Rule 11 (d) of CPC. Supreme Court.
  • 17-October-2025
  • Daksha Legal
Judgement
When a sufficient joint family nucleus formed by pooling income from inherited property and family benefits is proven to exist, the burden shifts to the individual co-sharer to affirmatively demonstrate that any subsequent acquisition was made solely from their independent, separate funds; failure to discharge this burden leads to the acquisition being treated as joint family property subject to partition. Karnataka High Court.
When a sufficient joint family nucleus formed by pooling income from inherited property and family benefits is proven to exist, the burden shifts to the individual co-sharer to affirmatively demonstrate that any subsequent acquisition was made solely from their independent, separate funds; failure to discharge this burden leads to the acquisition being treated as joint family property subject to partition. Karnataka High Court.
  • 16-October-2025
  • Daksha Legal
Judgement
An application under Order XXI Rule 97 of the CPC for removal of obstruction cannot be entertained to resolve dispute between the decree holder and a person claiming title through the decree holder - an alleged purchaser. The applicant has liberty to file a separate suit to establish his claim. Karnataka High Court.
An application under Order XXI Rule 97 of the CPC for removal of obstruction cannot be entertained to resolve dispute between the decree holder and a person claiming title through the decree holder - an alleged purchaser. The applicant has liberty to file a separate suit to establish his claim. Karnataka High Court.
  • 16-October-2025
  • Daksha Legal
Judgement
A suit for mandatory and perpetual injunction seeking removal of an encroachment on a public road, when filed by a user of that road, is maintainable even without a prayer for declaration of title or public right, especially when the fact of encroachment is established by the evidence. Karnataka High Court.
A suit for mandatory and perpetual injunction seeking removal of an encroachment on a public road, when filed by a user of that road, is maintainable even without a prayer for declaration of title or public right, especially when the fact of encroachment is established by the evidence. Karnataka High Court.
  • 16-October-2025
  • Daksha Legal
Judgement

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'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
'Supreme Court curtailing the inherent powers of the High Courts. Neither Legal nor Justified'. - B.V.Acharya, former Advocate General for Karnataka.
  • 07-November-2024
  • Daksha Legal
Article
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
Tender. When the intending party responds to the tender notice, it is not permissible for such party to put forth its own conditions and seek variance in the conditions of tender. Karnataka High Court.
  • 08-October-2024
  • Daksha Legal
Article
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
Suit for specific performance. Purchaser of suit property from the defendant/vendor is a necessary party to the suit and can be impleaded. Karnataka High Court.
  • 03-October-2024
  • Daksha Legal
Article
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
Suit for specific performance. Plaintiff can seek amendment of pleading to declare that collusive decree between his vendor and third party is not binding on him. Court must prevent multiplicity of the proceedings. Karnataka High Court.
  • 01-October-2024
  • Daksha Legal
Article
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
Tender. Courts cannot interfere with the terms of the tender because it feels that some other terms would have been fair, wiser or logical. Karnataka High Court.
  • 30-September-2024
  • Daksha Legal
Article
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
Negotiable Instruments Act. Cheque issued towards refund of advance sale consideration upon the failure to execute the sale deed, attracts the provisions of the Act. Karnataka High Court.
  • 28-September-2024
  • Daksha Legal
Article