Order VII Rule 11(d) CPC. A plaint cannot ordinarily be merely on the plea that the suit is barred by Order II Rule 2 CPC. The defence under Order II Rule 2 generally requires examination of causes of action, pleadings and evidence, and therefore cannot usually be decided solely on the averments contained in the plaint. Supreme Court. 2026 Daksha Legal SC 136-156
Order VII Rule 11(d) CPC. A plaint cannot ordinarily be merely on the plea that the suit is barred by Order II Rule 2 CPC. The defence under Order II Rule 2 generally requires examination of causes of action, pleadings and evidence, and therefore cannot usually be decided solely on the averments contained in the plaint. Supreme Court. 2026 Daksha Legal SC 136-156
  • 08-June-2026
  • Daksha Legal
Judgement
When agricultural lands fall within the jurisdiction of the BBMP/GBA, revenue officers have no jurisdiction to initiate actions under the Karnataka Land Revenue Act. Karnataka High Court.
When agricultural lands fall within the jurisdiction of the BBMP/GBA, revenue officers have no jurisdiction to initiate actions under the Karnataka Land Revenue Act. Karnataka High Court.
  • 08-June-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 a special enactment prescribes a specific period of limitation along with a limited power to condone delay, the Court cannot, by exercising judicial discretion, extend the period beyond the statutory limit. Karnataka High Court
Where a special enactment prescribes a specific period of limitation along with a limited power to condone delay, the Court cannot, by exercising judicial discretion, extend the period beyond the statutory limit. Karnataka High Court
  • 08-June-2026
  • Daksha Legal
Judgement
Unauthorised issuance of a duplicate SIM card by a telecom service provider constitutes negligence and deficiency in service, rendering it vicariously liable for consequential cyber fraud. Karnataka High Court awards punitive damages against BSNL.
Unauthorised issuance of a duplicate SIM card by a telecom service provider constitutes negligence and deficiency in service, rendering it vicariously liable for consequential cyber fraud. Karnataka High Court awards punitive damages against BSNL.
  • 06-June-2026
  • Daksha Legal
Judgement
Right to speedy trial is part of Article 21. Where investigation into an offence remains pending for an unduly prolonged period without adequate justification, the accused/complainant may approach the High Court under Section 528 BNSS / Section 482 CrPC seeking appropriate directions for expeditious investigation, status updates, or, in the case of the accused, quashing of the proceedings. Supreme Court
Right to speedy trial is part of Article 21. Where investigation into an offence remains pending for an unduly prolonged period without adequate justification, the accused/complainant may approach the High Court under Section 528 BNSS / Section 482 CrPC seeking appropriate directions for expeditious investigation, status updates, or, in the case of the accused, quashing of the proceedings. Supreme Court
  • 06-June-2026
  • Daksha Legal
Judgement
Mines and Minerals (Development and Regulation) Act. Royalty liability is determined by the law in force on the date of removal/dispatch of minerals. A purchaser cannot avoid payment of an increased statutory royalty merely because the auction and contract were concluded before the amendment. When a statutory levy is enhanced, it overrides inconsistent contractual terms. Supreme Court.
Mines and Minerals (Development and Regulation) Act. Royalty liability is determined by the law in force on the date of removal/dispatch of minerals. A purchaser cannot avoid payment of an increased statutory royalty merely because the auction and contract were concluded before the amendment. When a statutory levy is enhanced, it overrides inconsistent contractual terms. Supreme Court.
  • 06-June-2026
  • Daksha Legal
Judgement
The constitutional right to travel abroad must be balanced against the victim's right to a speedy trial and the public interest. An accused facing criminal prosecution may retain possession of his passport, but foreign travel even on medical grounds can be restricted when all medical facilities exist domestically. Supreme Court. 2026 Daksha Legal SC 131-135
The constitutional right to travel abroad must be balanced against the victim's right to a speedy trial and the public interest. An accused facing criminal prosecution may retain possession of his passport, but foreign travel even on medical grounds can be restricted when all medical facilities exist domestically. Supreme Court. 2026 Daksha Legal SC 131-135
  • 06-June-2026
  • Daksha Legal
Judgement
Hindu Succession Act. Section 8. Upon the death of a coparcener, his interest devolves upon his legal heirs as tenants-in-common and not as joint tenants. A widow cannot assume the status of karta of the family, nor can she alienate any portion of the property on the plea of legal necessity so as to affect or bind the shares devolving upon the legal heirs of the deceased. Supreme Court. 2026 Daksha Legal SC 125-130
Hindu Succession Act. Section 8. Upon the death of a coparcener, his interest devolves upon his legal heirs as tenants-in-common and not as joint tenants. A widow cannot assume the status of karta of the family, nor can she alienate any portion of the property on the plea of legal necessity so as to affect or bind the shares devolving upon the legal heirs of the deceased. Supreme Court. 2026 Daksha Legal SC 125-130
  • 05-June-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