Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.
Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident. Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement
'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
News
Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Prior government permission to sell granted land is NOT required after the period of alienation is over. Landmark judgment of the Karnataka High Court.
  • 14-July-2025
  • Daksha Legal
Judgement
Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. Supreme Court.
Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. Supreme Court.
  • 14-July-2025
  • Daksha Legal
Judgement
Public authorities bear a mandatory duty to ensure demolition of unauthorized constructions. Any connivance or failure to act by officials in preventing or dealing with such illegalities warrants strict criminal and departmental action to safeguard public interest and planned urban development. Supreme Court.
Public authorities bear a mandatory duty to ensure demolition of unauthorized constructions. Any connivance or failure to act by officials in preventing or dealing with such illegalities warrants strict criminal and departmental action to safeguard public interest and planned urban development. Supreme Court.
  • 14-July-2025
  • Daksha Legal
Judgement
An application to amend pleadings under Order VI Rule 17 of the Civil Procedure Code, 1908, particularly when made after the commencement of trial and after a considerable and unexplained delay (e.g., 14 years), must be denied if the applicant fails to demonstrate ‘due diligence’ in not raising the matter earlier, and if the proposed amendment would cause prejudice to the opposing party by fundamentally altering the nature of the case or contradicting judicial admissions made during trial. Karnataka High Court.
An application to amend pleadings under Order VI Rule 17 of the Civil Procedure Code, 1908, particularly when made after the commencement of trial and after a considerable and unexplained delay (e.g., 14 years), must be denied if the applicant fails to demonstrate ‘due diligence’ in not raising the matter earlier, and if the proposed amendment would cause prejudice to the opposing party by fundamentally altering the nature of the case or contradicting judicial admissions made during trial. Karnataka High Court.
  • 12-July-2025
  • Daksha Legal
Judgement
A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court's order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.
A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court's order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.
  • 12-July-2025
  • Daksha Legal
Judgement
Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. Karnataka High Court.
Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. Karnataka High Court.
  • 11-July-2025
  • Daksha Legal
Judgement

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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
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
The opportunity of being heard should be more than just a formality, it must provide substantial compliance with natural justice. Karnataka High Court lays down guidelines for exercise of power under Section 223 (1) of the Bharatiya Nagarika Suraksha Sanhita.
  • 27-September-2024
  • Daksha Legal
Article