Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Agreement of sale, without any condition that the transaction would be proceeded after obtaining prior permission from the Government, amounts to ‘transfer’ and hence void. Consequently, suit for specific performance of such an agreement is not maintainable. Karnataka High Court.
  • 25-April-2026
  • Daksha Legal
Judgement
Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.
Government Grants Act. A perpetual lease deed is governed by the terms and conditions of such a grant and operate according to its 'tenor' and override any conflicting statutory provisions, including the Rent Control enactments. Consequently, where the lease deed does not expressly provide for eviction due to non-payment of rent, the Rent Controller has no jurisdiction to entertain eviction proceedings. Supreme Court.
  • 25-April-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. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.
Arbitration and Conciliation Act. At the stage of Section 11, the Court’s role is limited to examining the prima facie existence of an arbitration agreement. It cannot adjudicate disputed facts or legal issues, which fall within the domain of the Arbitral Tribunal. Delhi High Court.
  • 23-April-2026
  • Daksha Legal
Judgement
Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.
Forest (Conservation) Act. Once a parcel of land has been identified and utilized for afforestation purposes by the Forest Department, it acquires the legal character of 'forest land'. The subsequent failure or poor survival rate of the saplings planted during an afforestation drive does not result in the 'release' of such land from forest status nor does it revert the land to revenue or non-forest status. Karnataka High Court.
  • 24-April-2026
  • Daksha Legal
Judgement
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.
  • 24-April-2026
  • Daksha Legal
Judgement
National Highways Act. The statutory obligation of the Competent Authority to deposit compensation in the District Court under Section 3H exists only so long as the funds are still held by the Authority. Once the compensation has been officially released to and withdrawn by a claimant, the provision cannot be invoked retrospectively to compel deposit of the money. Karnataka High Court.
National Highways Act. The statutory obligation of the Competent Authority to deposit compensation in the District Court under Section 3H exists only so long as the funds are still held by the Authority. Once the compensation has been officially released to and withdrawn by a claimant, the provision cannot be invoked retrospectively to compel deposit of the money. Karnataka High Court.
  • 23-April-2026
  • Daksha Legal
Judgement
An order of externment is an extraordinary measure that restricts a citizen's fundamental right to freedom of movement; therefore, it cannot be passed on the basis of vague or 'omnibus' allegations. Failure to meet the mandatory requirements renders the externment order arbitrary and liable to be quashed. Karnataka High Court.
An order of externment is an extraordinary measure that restricts a citizen's fundamental right to freedom of movement; therefore, it cannot be passed on the basis of vague or 'omnibus' allegations. Failure to meet the mandatory requirements renders the externment order arbitrary and liable to be quashed. Karnataka High Court.
  • 23-April-2026
  • Daksha Legal
Judgement
Service Law. An order of suspension against a public servant cannot continue indefinitely, particularly when the suspension is based solely on the pendency of a criminal case and no domestic disciplinary proceedings have been initiated within a reasonable timeframe. Karnataka High Court.
Service Law. An order of suspension against a public servant cannot continue indefinitely, particularly when the suspension is based solely on the pendency of a criminal case and no domestic disciplinary proceedings have been initiated within a reasonable timeframe. Karnataka High Court.
  • 23-April-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