Maintenance. Where the income of either party is disputed, the Court can suo motu or on the application of the spouse pass Production Order summoning income tax returns and related financial records from the Designated Officer of the Income Tax Department. Karnataka High Court.
Maintenance. Where the income of either party is disputed, the Court can suo motu or on the application of the spouse pass Production Order summoning income tax returns and related financial records from the Designated Officer of the Income Tax Department. Karnataka High Court.
  • 03-March-2026
  • Daksha Legal
Judgement
Criminal law is not a shortcut to resolving property disputes or for settling scores in civil litigations. If the allegations in the FIR essentially comprise a civil grievance and are filed with a mala fide intent to harass the opposing party, the High Court must exercise its inherent jurisdiction under Section 482 of the CrPC to quash such proceedings to prevent the miscarriage of justice. Karnataka High Court.
Criminal law is not a shortcut to resolving property disputes or for settling scores in civil litigations. If the allegations in the FIR essentially comprise a civil grievance and are filed with a mala fide intent to harass the opposing party, the High Court must exercise its inherent jurisdiction under Section 482 of the CrPC to quash such proceedings to prevent the miscarriage of justice. Karnataka High Court.
  • 03-March-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
Land acquisition. The power of eminent domain can be exercised by the State only for a legitimate 'public purpose' and must strictly adhere to the 'due process of law.' Any acquisition initiated on the basis of an incomplete application or conducted with undue haste to benefit a private entity at the cost of original landowners is arbitrary, violates the principles of natural justice, and is liable to be quashed. Karnataka High Court.
Land acquisition. The power of eminent domain can be exercised by the State only for a legitimate 'public purpose' and must strictly adhere to the 'due process of law.' Any acquisition initiated on the basis of an incomplete application or conducted with undue haste to benefit a private entity at the cost of original landowners is arbitrary, violates the principles of natural justice, and is liable to be quashed. Karnataka High Court.
  • 03-March-2026
  • Daksha Legal
Judgement
Contract Act. A variation in the contract between the principal debtor and creditor without the surety’s consent discharges the surety only to the extent of the unauthorized change. The guarantor remains liable for the original sanctioned amount agreed upon but is absolved from liability for any excess or unauthorized extensions granted without their consent. Supreme Court.
Contract Act. A variation in the contract between the principal debtor and creditor without the surety’s consent discharges the surety only to the extent of the unauthorized change. The guarantor remains liable for the original sanctioned amount agreed upon but is absolved from liability for any excess or unauthorized extensions granted without their consent. Supreme Court.
  • 03-March-2026
  • Daksha Legal
Judgement
Children born from live-in relations cannot be stigmatised or deprived of legal protection since there is a constitutional commitment to protect children, irrespective of the parents' marital status. Where such a relationship ends, the legal system must address the consequences in a manner that prioritises the welfare of the child. Karnataka High Court.
Children born from live-in relations cannot be stigmatised or deprived of legal protection since there is a constitutional commitment to protect children, irrespective of the parents' marital status. Where such a relationship ends, the legal system must address the consequences in a manner that prioritises the welfare of the child. Karnataka High Court.
  • 02-March-2026
  • Daksha Legal
Judgement
In a suit for specific performance, interests of justice are best served not by an absolute injunction, but by permitting development of the property subject to a formal undertaking that the construction shall be at the defendants' own risk and subject to the final adjudication of the suit. Karnataka High Court.
In a suit for specific performance, interests of justice are best served not by an absolute injunction, but by permitting development of the property subject to a formal undertaking that the construction shall be at the defendants' own risk and subject to the final adjudication of the suit. Karnataka High Court.
  • 02-March-2026
  • Daksha Legal
Judgement
Karnataka Municipal Corporations Act. The Commissioner has no power to initiate, investigate, or adjudicate proceedings concerning the disqualification or cessation of a municipal councilor's membership. The power to determine such a question is vested exclusively with the State Government under Section 19(3), and such power can only be triggered by a valid reference made by the 'Corporation'. Karnataka High Court.
Karnataka Municipal Corporations Act. The Commissioner has no power to initiate, investigate, or adjudicate proceedings concerning the disqualification or cessation of a municipal councilor's membership. The power to determine such a question is vested exclusively with the State Government under Section 19(3), and such power can only be triggered by a valid reference made by the 'Corporation'. Karnataka High Court.
  • 02-March-2026
  • Daksha Legal
Judgement
Sections 366 & 376 of the IPC and the POCSO Act. When the evidence suggests that the victim voluntarily accompanied the accused due to a romantic relationship and the medical report shows no signs of force or resistance, the element of 'compulsion' or 'rape' is not established. Criminal liability cannot be fastened on an individual in the absence of corroborative scientific or medical evidence. Karnataka High Court.
Sections 366 & 376 of the IPC and the POCSO Act. When the evidence suggests that the victim voluntarily accompanied the accused due to a romantic relationship and the medical report shows no signs of force or resistance, the element of 'compulsion' or 'rape' is not established. Criminal liability cannot be fastened on an individual in the absence of corroborative scientific or medical evidence. Karnataka High Court.
  • 02-March-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