Stamp Act. The authority to impound a document for insufficient stamp duty applies exclusively to the 'original instrument'. A photocopy cannot be impounded, nor can it be validated by the payment of duty and penalty to make it admissible as secondary evidence. Karnataka High Court.
Stamp Act. The authority to impound a document for insufficient stamp duty applies exclusively to the 'original instrument'. A photocopy cannot be impounded, nor can it be validated by the payment of duty and penalty to make it admissible as secondary evidence. Karnataka High Court.
  • 09-April-2026
  • Daksha Legal
Judgement
Karnataka Stamp Act. The time limit of two years to initiate proceedings for undervaluation cannot be defeated by a technical contention that the exercise of calling for the document had been done by the District Registrar within two years. Karnataka High Court.
Karnataka Stamp Act. The time limit of two years to initiate proceedings for undervaluation cannot be defeated by a technical contention that the exercise of calling for the document had been done by the District Registrar within two years. Karnataka High Court.
  • 09-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
Karnataka Land Revenue Act. Deputy Commissioner cannot reject an application for conversion of land on the ground that the land transaction violates the Karnataka SC/ST (PTCL) Act. Though the Deputy Commissioner can initiate 'suo-motu' proceedings through the Assistant Commissioner to investigate PTCL violations, he must consider the conversion application independently. Karnataka High Court.
Karnataka Land Revenue Act. Deputy Commissioner cannot reject an application for conversion of land on the ground that the land transaction violates the Karnataka SC/ST (PTCL) Act. Though the Deputy Commissioner can initiate 'suo-motu' proceedings through the Assistant Commissioner to investigate PTCL violations, he must consider the conversion application independently. Karnataka High Court.
  • 09-April-2026
  • Daksha Legal
Judgement
Order 21 Rule 54 CPC. In execution proceedings involving large-scale real estate projects, an order of attachment must be proportionate and specifically directed. Attaching an entire project when the dispute or the underlying liability only pertains to a small fraction of those units is contrary to law and unsustainable. Karnataka High Court.
Order 21 Rule 54 CPC. In execution proceedings involving large-scale real estate projects, an order of attachment must be proportionate and specifically directed. Attaching an entire project when the dispute or the underlying liability only pertains to a small fraction of those units is contrary to law and unsustainable. Karnataka High Court.
  • 09-April-2026
  • Daksha Legal
Judgement
Negotiable Instruments Act. The Magistrate at the stage of issuing process is only required to determine if there is a 'prima-facie' case to proceed. The question of whether the cheque was issued for a 'legally enforceable debt' is a disputed question of fact and a matter of trial. A Revisional Court or the High Court cannot set aside the issuance of process by conducting a mini-trial. Supreme Court.
Negotiable Instruments Act. The Magistrate at the stage of issuing process is only required to determine if there is a 'prima-facie' case to proceed. The question of whether the cheque was issued for a 'legally enforceable debt' is a disputed question of fact and a matter of trial. A Revisional Court or the High Court cannot set aside the issuance of process by conducting a mini-trial. Supreme Court.
  • 09-April-2026
  • Daksha Legal
Judgement
Magistrate has no power to order issuance of Red Corner Notice or consequential open-dated warrant either under Cr.P.C., BNSS or any other law. Karnataka High Court.
Magistrate has no power to order issuance of Red Corner Notice or consequential open-dated warrant either under Cr.P.C., BNSS or any other law. Karnataka High Court.
  • 08-April-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Amount paid to victim from out of the ‘Passengers Accident Relief Fund Trust’ established by the Road Transport Corporation cannot be termed as interim compensation and hence cannot be deducted from the compensation. Karnataka High Court.
Motor Vehicles Act. Amount paid to victim from out of the ‘Passengers Accident Relief Fund Trust’ established by the Road Transport Corporation cannot be termed as interim compensation and hence cannot be deducted from the compensation. Karnataka High Court.
  • 08-April-2026
  • Daksha Legal
Judgement
Industrial Disputes Act. A separate application for condonation of delay is not necessary to prosecute the claim on Section 33C(1), when the claim for recovery of money is made beyond one year from the due date, if sufficient cause is shown in the petition itself. Karnataka High Court.
Industrial Disputes Act. A separate application for condonation of delay is not necessary to prosecute the claim on Section 33C(1), when the claim for recovery of money is made beyond one year from the due date, if sufficient cause is shown in the petition itself. Karnataka High Court.
  • 08-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