When arbitrator validly declines to exercise his jurisdiction, the time spent in the infructuous arbitration proceedings is excludable under Section 14 of the Limitation Act to ensure the right to a remedy is not jeopardized. Karnataka High Court.
When arbitrator validly declines to exercise his jurisdiction, the time spent in the infructuous arbitration proceedings is excludable under Section 14 of the Limitation Act to ensure the right to a remedy is not jeopardized. Karnataka High Court.
  • 06-January-2026
  • Daksha Legal
Judgement
A fraudulently executed deed of transfer can be quashed under Article 226 of the Constitution of India. Division bench confirms the order of the single judge. Karnataka High Court.
A fraudulently executed deed of transfer can be quashed under Article 226 of the Constitution of India. Division bench confirms the order of the single judge. Karnataka High Court.
  • 06-January-2026
  • 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
Arbitration and Conciliation Act. Where a dispute entails serious and specific allegations of fraud including fabrication or forgery of documents and the adjudication requires voluminous evidence, criminal-style inquiry, or detailed investigation beyond the scope of arbitral proceedings, the Arbitral Tribunal can decline to exercise jurisdiction. Karnataka High Court.
Arbitration and Conciliation Act. Where a dispute entails serious and specific allegations of fraud including fabrication or forgery of documents and the adjudication requires voluminous evidence, criminal-style inquiry, or detailed investigation beyond the scope of arbitral proceedings, the Arbitral Tribunal can decline to exercise jurisdiction. Karnataka High Court.
  • 06-January-2026
  • Daksha Legal
Judgement
Karnataka Control of Organised Crimes Act. The requirement of continuing unlawful activity must show a clear nexus or common thread linking past chargesheets with the present offence, establishing an organised crime syndicate pursuing a specific unlawful objective. Absence of such linkage among the accused makes approval under Section 24(1)(a) legally unsustainable for non-application of mind. Karnataka High Court.
Karnataka Control of Organised Crimes Act. The requirement of continuing unlawful activity must show a clear nexus or common thread linking past chargesheets with the present offence, establishing an organised crime syndicate pursuing a specific unlawful objective. Absence of such linkage among the accused makes approval under Section 24(1)(a) legally unsustainable for non-application of mind. Karnataka High Court.
  • 06-January-2026
  • Daksha Legal
Judgement
Karnataka Land Reforms Act. The ceiling limits prescribed under Section 63 apply exclusively to agricultural land. Land not capable of being used for agricultural purposes is excluded from the operation and cannot be considered for determining excess holding. Karnataka High Court.
Karnataka Land Reforms Act. The ceiling limits prescribed under Section 63 apply exclusively to agricultural land. Land not capable of being used for agricultural purposes is excluded from the operation and cannot be considered for determining excess holding. Karnataka High Court.
  • 05-January-2026
  • Daksha Legal
Judgement
Defendant's denial of title does not by itself constitute a ‘cloud on title’ to mandate a suit for declaration of title. A suit for permanent prohibitory injunction simpliciter is maintainable when the plaintiff establishes lawful possession and the defendant's interference, particularly when the defendant's own legal notice admits the plaintiff's possession. Karnataka High Court.
Defendant's denial of title does not by itself constitute a ‘cloud on title’ to mandate a suit for declaration of title. A suit for permanent prohibitory injunction simpliciter is maintainable when the plaintiff establishes lawful possession and the defendant's interference, particularly when the defendant's own legal notice admits the plaintiff's possession. Karnataka High Court.
  • 05-January-2026
  • Daksha Legal
Judgement
Pre-emption under Mohammedan Law. A valid claim must be asserted through two mandatory demands—Talab-e-Muwathaba, made immediately upon sale, and Talab-e-Ishhad, declared before two witnesses and communicated to the seller or purchaser. Issuing a legal notice, even if attested, does not fulfill or replace this customary requirement. Karnataka High Court.
Pre-emption under Mohammedan Law. A valid claim must be asserted through two mandatory demands—Talab-e-Muwathaba, made immediately upon sale, and Talab-e-Ishhad, declared before two witnesses and communicated to the seller or purchaser. Issuing a legal notice, even if attested, does not fulfill or replace this customary requirement. Karnataka High Court.
  • 05-January-2026
  • Daksha Legal
Judgement
CGST/KGST Act 2017. A single show cause notice, especially when the transactions in question traverse beyond and span across several/multiple financial years/tax periods. is inherently illegal, as it bypasses mandatory jurisdictional constraints and violates the principles of natural justice by depriving the assessee of the opportunity to provide year-wise explanations and reconciliations. Karnataka High Court.
CGST/KGST Act 2017. A single show cause notice, especially when the transactions in question traverse beyond and span across several/multiple financial years/tax periods. is inherently illegal, as it bypasses mandatory jurisdictional constraints and violates the principles of natural justice by depriving the assessee of the opportunity to provide year-wise explanations and reconciliations. Karnataka High Court.
  • 05-January-2026
  • 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