Writ jurisdiction. The jurisdiction under Section 83 of the Wakf Act is confined to disputes specifically required by the Act to be determined by the Tribunal and does not oust the High Court's constitutional power of judicial review where the Board acts without jurisdiction, in breach of mandatory procedural rules, or in disregard of binding judicial directions. Karnataka High Court.
Writ jurisdiction. The jurisdiction under Section 83 of the Wakf Act is confined to disputes specifically required by the Act to be determined by the Tribunal and does not oust the High Court's constitutional power of judicial review where the Board acts without jurisdiction, in breach of mandatory procedural rules, or in disregard of binding judicial directions. Karnataka High Court.
  • 20-September-2026
  • Daksha Legal
Judgement
Suit for partition. A defendant co-sharer seeking to include omitted joint family properties via an additional written statement cannot be barred on the procedural ground of introducing a ‘second counter-claim,’ provided the foundational burden to establish the joint/ancestral nature of the newly introduced properties remains on that co-sharer. Karnataka High Court.
Suit for partition. A defendant co-sharer seeking to include omitted joint family properties via an additional written statement cannot be barred on the procedural ground of introducing a ‘second counter-claim,’ provided the foundational burden to establish the joint/ancestral nature of the newly introduced properties remains on that co-sharer. Karnataka High Court.
  • 19-September-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
Where an employee is superseded and denied promotion without a formal charge sheet or active disciplinary/criminal proceedings as of the DPC date, the inaction of the employer is illegal. The employee is entitled to retrospective promotion with all consequential service and seniority benefits from the date their immediate juniors were promoted. Karnataka High Court.
Where an employee is superseded and denied promotion without a formal charge sheet or active disciplinary/criminal proceedings as of the DPC date, the inaction of the employer is illegal. The employee is entitled to retrospective promotion with all consequential service and seniority benefits from the date their immediate juniors were promoted. Karnataka High Court.
  • 19-September-2026
  • Daksha Legal
Judgement
Wakf Act. When the tenure of an existing managing committee expires and a succeeding committee is not constituted, the Board cannot appoint an ad-hoc committee as a ‘special case’. Upon expiry of the term, management vests in the District Waqf Officer, who is statutorily mandated to ensure the constitution of a succeeding managing committee within three months. Karnataka High Court.
Wakf Act. When the tenure of an existing managing committee expires and a succeeding committee is not constituted, the Board cannot appoint an ad-hoc committee as a ‘special case’. Upon expiry of the term, management vests in the District Waqf Officer, who is statutorily mandated to ensure the constitution of a succeeding managing committee within three months. Karnataka High Court.
  • 19-September-2026
  • Daksha Legal
Judgement
SARFAESI Act. Section 34 does not bar all civil disputes concerning secured assets. A civil suit by a non-borrower coparcener asserting an independent pre-existing right to partition, separate possession and a declaration that the mortgage does not bind his share, fall outside the Section. 2026 Daksha Legal Kar 1247.
SARFAESI Act. Section 34 does not bar all civil disputes concerning secured assets. A civil suit by a non-borrower coparcener asserting an independent pre-existing right to partition, separate possession and a declaration that the mortgage does not bind his share, fall outside the Section. 2026 Daksha Legal Kar 1247.
  • 19-September-2026
  • Daksha Legal
Judgement
Article 226. The plea of fraud cannot overcome the consequences of prolonged inaction. The principle of delay and laches applies equally to the State, whose duty of diligence is heightened when seeking to unsettle rights litigated for decades. Karnataka High Court.
Article 226. The plea of fraud cannot overcome the consequences of prolonged inaction. The principle of delay and laches applies equally to the State, whose duty of diligence is heightened when seeking to unsettle rights litigated for decades. Karnataka High Court.
  • 18-September-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act - Award granting overhead charges over and above the contract price by applying the Hudson Formula, in the absence of any claim to that effect, is without jurisdiction and is liable to be set aside. Karnataka High Court.
Arbitration and Conciliation Act - Award granting overhead charges over and above the contract price by applying the Hudson Formula, in the absence of any claim to that effect, is without jurisdiction and is liable to be set aside. Karnataka High Court.
  • 21-September-2026
  • Daksha Legal
Judgement
POCSO Act – Statutory Presumption and Reverse Burden. Though Sections 29 and 30 of the POCSO Act impose a rebuttable reverse burden on the accused, prosecution case cannot be mechanically accepted. The Sections do not absolve the Court of its duty to scrutinise the prosecution evidence. Supreme Court.
POCSO Act – Statutory Presumption and Reverse Burden. Though Sections 29 and 30 of the POCSO Act impose a rebuttable reverse burden on the accused, prosecution case cannot be mechanically accepted. The Sections do not absolve the Court of its duty to scrutinise the prosecution evidence. Supreme Court.
  • 21-September-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