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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.
17-October-2025
Daksha Legal
Judgement
Pre-emptive suit by testator for avoiding disputes regarding execution and proof of Will.
21-September-2025
Daksha Legal
Article
News
16-October-2025
Social media cannot be left in a state of anarchic freedom. Content on social media, needs to be regulated and its regulation is a must, more so, in the cases of offences against women in particular, failing which, the right to dignity of a citizen is railroaded. Karnataka High Court.
10-October-2025
Karnataka High Court directs the State Government not to appoint Administrators to City Municipal Councils until the expiry of their existing term.
21-September-2025
Preemptive suit by testator for avoiding disputes regarding execution and proof of Will.
20-September-2025
“Dignity of slum dwellers is no less sacred that of the devout". Karnataka High Court rejects plea of Temple Committee to shift slum away from the Temple. 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.
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.
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.
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.
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.
16-October-2025
Daksha Legal
Judgement
Daksha Legal Seminars
Daksha Legal Seminar on Model Tenancy Act
03-October-2021 22:43
Panchanama - Evidentiary Value: Justice John Michael Cunha, Former Judge Karnataka High Court
15-July-2021 03:42
Intermediary Guidelines and Digital Media Ethics Code
15-July-2021 03:40
Judgment on Basic Structure doctrine- Kenya High Court
15-July-2021 03:37
Trial of Suits for Declaration of Title, Injunction and Possession. S.R.Somashekar, Principal District Judge (Rtd)
30-May-2021 17:55
Trial of Partition Suits :Procedural Law (Part-I) Shri. S.R. Somashekara, Principal District Judge (Rtd) 28 May 2021
30-May-2021 04:27
Discussion on Junior Advocates and guidance by Seniors.
09-December-2020 06:19
Bail & Anticipatory Bail - M.S. Shyamsunder, Advocate, Bangalore
09-December-2020 06:20
Woman as Coparcener. Legal Implications - Justice N Kumar
09-December-2020 06:18
Real Estate (Regulation and Development) Act, 2016 - Anup Shah
09-December-2020 06:18
Instruments Not Duly Stamped - Justice A N Venugopalagowda
09-December-2020 06:18
Withdrawal and Adjustment of Suits - Justice A N Venugopalagowda
09-December-2020 06:18
Judicial Review jurisdiction Prayers and Reliefs Mr Mohan V Katarki Senior Advocate Supreme Court
09-December-2020 06:18
Rejection of Plaint Justice A N Venugopalagowda 16 Sept 2020
09-December-2020 06:18
Insolvency and Bankruptcy Code, 2016
09-December-2020 06:18
Driving License and Defence to Insurer - Mr S P Shankar Senior Advocate
09-December-2020 06:18
Termination of Contract & Drafting Termination Clause & Termination Notice - Ajay Nandalike. Adv.
09-December-2020 06:18
Daksha Legal Seminar Justice Ashok B Hinchigeri. "Civil Procedure Code. Order 26 Rule 9"
25-November-2020 06:12
Daksha Legal Online seminar on disability laws with Jayna Kothari, Senior Advocate, Bangalore.
25-November-2020 06:12
Article 370 - Bridge or Barricade? Seminar conducted by Daksha Legal - Mr. J Sai Deepak, Advocate
25-November-2020 06:12
Daksha Legal discussion on Latest Judgement of Karnataka High Court on Hindu Law.
25-November-2020 06:11
'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.
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.
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.
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.
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.
28-September-2024
Daksha Legal
Article