Order 23 Rule 1(3) CPC. The discretionary power to permit withdrawal of a suit with liberty to file a fresh suit cannot be invoked where the alleged 'formal defect' relates to a mere imperfection in the pleadings which can be cured by way of an amendment to the plaint. Karnataka High Court.
Order 23 Rule 1(3) CPC. The discretionary power to permit withdrawal of a suit with liberty to file a fresh suit cannot be invoked where the alleged 'formal defect' relates to a mere imperfection in the pleadings which can be cured by way of an amendment to the plaint. Karnataka High Court.
  • 17-December-2025
  • Daksha Legal
Judgement
Service law. Dropping of the inquiry operates retrospectively, entitling the employee to all withheld benefits and consequential interest from the date of retirement. Withholding of a retired employee's commuted value of pension is arbitrary and unsustainable in law if the underlying disciplinary proceedings are subsequently dropped. Karnataka High Court.
Service law. Dropping of the inquiry operates retrospectively, entitling the employee to all withheld benefits and consequential interest from the date of retirement. Withholding of a retired employee's commuted value of pension is arbitrary and unsustainable in law if the underlying disciplinary proceedings are subsequently dropped. Karnataka High Court.
  • 17-December-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
Suit for specific performance. A court exercising its equitable discretion may impose a condition that the purchaser pay an enhanced sale consideration significantly higher than the agreed price to the vendor, in order to balance the equities arising from the escalation of property value due to the efflux of time during litigation. Karnataka High Court.
Suit for specific performance. A court exercising its equitable discretion may impose a condition that the purchaser pay an enhanced sale consideration significantly higher than the agreed price to the vendor, in order to balance the equities arising from the escalation of property value due to the efflux of time during litigation. Karnataka High Court.
  • 17-December-2025
  • Daksha Legal
Judgement
Motor Vehicles Act (unamended). The Insurer is liable to indemnify the owner for an accident that occurs within the 30 days grace period after expiry of the license period as the driver is deemed to possess a valid licence. Absence of a driving licence does not per se establish contributory negligence unless a direct link is proved between the lack of the licence and the occurrence of the accident. Karnataka High Court.
Motor Vehicles Act (unamended). The Insurer is liable to indemnify the owner for an accident that occurs within the 30 days grace period after expiry of the license period as the driver is deemed to possess a valid licence. Absence of a driving licence does not per se establish contributory negligence unless a direct link is proved between the lack of the licence and the occurrence of the accident. Karnataka High Court.
  • 16-December-2025
  • Daksha Legal
Judgement
Under Order VII Rule 11 CPC. Partial rejection of a plaint is impermissible. Even in a partition suit where certain properties are alleged to be unavailable, the court’s power extends only to rejecting the plaint in its entirety, as the expression “plaint” denotes the whole pleading. This power is distinct from the striking out of portions of the plaint. Karnataka High Court.
Under Order VII Rule 11 CPC. Partial rejection of a plaint is impermissible. Even in a partition suit where certain properties are alleged to be unavailable, the court’s power extends only to rejecting the plaint in its entirety, as the expression “plaint” denotes the whole pleading. This power is distinct from the striking out of portions of the plaint. Karnataka High Court.
  • 16-December-2025
  • Daksha Legal
Judgement
Eviction suit by co-landlord is maintainable even if one co-landlord transfers his interest during the suit's pendency. The failure to formally record the assignment under Order XXII Rule 10 of the CPC does not automatically render the suit non-maintainable, especially when the assignee continues to prosecute the case on behalf of the surviving co-landlord. Karnataka High Court.
Eviction suit by co-landlord is maintainable even if one co-landlord transfers his interest during the suit's pendency. The failure to formally record the assignment under Order XXII Rule 10 of the CPC does not automatically render the suit non-maintainable, especially when the assignee continues to prosecute the case on behalf of the surviving co-landlord. Karnataka High Court.
  • 15-December-2025
  • Daksha Legal
Judgement
A condition in a tender document that creates an arbitrary and discriminatory classification based on the ownership of a resource, while the material quality and fitness of that resource remain identical, is unconstitutional and violative of Article 14 of the Constitution of India. Karnataka High Court.
A condition in a tender document that creates an arbitrary and discriminatory classification based on the ownership of a resource, while the material quality and fitness of that resource remain identical, is unconstitutional and violative of Article 14 of the Constitution of India. Karnataka High Court.
  • 16-December-2025
  • Daksha Legal
Judgement
Insolvency and Bankruptcy Code. The Liquidator is entitled to forfeit the entire earnest money deposit and participation deposit money when a successful bidder in an e-auction fails to unconditionally accept the Letter of Intent as per the terms of the auction memorandum. Karnataka High Court.
Insolvency and Bankruptcy Code. The Liquidator is entitled to forfeit the entire earnest money deposit and participation deposit money when a successful bidder in an e-auction fails to unconditionally accept the Letter of Intent as per the terms of the auction memorandum. Karnataka High Court.
  • 15-December-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