Arbitration and Conciliation Act. An award that grants a claim barred by the law of limitation suffers from patent illegality and is liable to be set aside as it fails to adhere to the fundamental legal principles governing the admissibility of claims. Karnataka High Court.
Arbitration and Conciliation Act. An award that grants a claim barred by the law of limitation suffers from patent illegality and is liable to be set aside as it fails to adhere to the fundamental legal principles governing the admissibility of claims. Karnataka High Court.
  • 17-February-2026
  • Daksha Legal
Judgement
Partition Act, 1893. Where a property is found to be indivisible and if multiple shareholders seek to exercise their right to buy out other shares, the Court must facilitate a competitive process and is legally mandated to sell the shares to the shareholder who offers the highest price above the court's valuation. Karnataka High Court.
Partition Act, 1893. Where a property is found to be indivisible and if multiple shareholders seek to exercise their right to buy out other shares, the Court must facilitate a competitive process and is legally mandated to sell the shares to the shareholder who offers the highest price above the court's valuation. Karnataka High Court.
  • 17-February-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
Hindu Succession Act. A daughter’s right to a share in ancestral coparcenary property is a birthright that remains unaffected by revenue-based mutation entries and sale based on such entries. Any denial of a coparcenary share based on the presence or absence of revenue entries is legally unsustainable, as title must be adjudicated based on the source of acquisition and the nature of the property rather than administrative record-keeping. Karnataka High Court.
Hindu Succession Act. A daughter’s right to a share in ancestral coparcenary property is a birthright that remains unaffected by revenue-based mutation entries and sale based on such entries. Any denial of a coparcenary share based on the presence or absence of revenue entries is legally unsustainable, as title must be adjudicated based on the source of acquisition and the nature of the property rather than administrative record-keeping. Karnataka High Court.
  • 17-February-2026
  • Daksha Legal
Judgement
Employee’s Compensation Act. The liability of an insurance company under the Act is strictly governed by the terms of the insurance contract. When a policy is issued based on a specific declaration of wages and a specific category of risk, the insurer’s liability to indemnify the employer is limited to those declared values. Karnataka High Court.
Employee’s Compensation Act. The liability of an insurance company under the Act is strictly governed by the terms of the insurance contract. When a policy is issued based on a specific declaration of wages and a specific category of risk, the insurer’s liability to indemnify the employer is limited to those declared values. Karnataka High Court.
  • 16-February-2026
  • Daksha Legal
Judgement
Foreigners Act. Issuance of a ‘Leave India Notice’ during the subsistence of a visa does not amount to an impermissible indirect cancellation of the visa. It is a lawful, independent exercise of the power under Section 3(2)(c) which overrides the permission granted by the visa. Karnataka High Court.
Foreigners Act. Issuance of a ‘Leave India Notice’ during the subsistence of a visa does not amount to an impermissible indirect cancellation of the visa. It is a lawful, independent exercise of the power under Section 3(2)(c) which overrides the permission granted by the visa. Karnataka High Court.
  • 16-February-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. A claimant has the right to elect only one of two available forums either the Motor Accident Claims Tribunal or the Commissioner for Workmen's Compensation. 'Doctrine of Election' bars the dual pursuit of remedies for the same cause of action. Karnataka High Court.
Motor Vehicles Act. A claimant has the right to elect only one of two available forums either the Motor Accident Claims Tribunal or the Commissioner for Workmen's Compensation. 'Doctrine of Election' bars the dual pursuit of remedies for the same cause of action. Karnataka High Court.
  • 16-February-2026
  • Daksha Legal
Judgement
Section 231(2) Cr.P.C. Where multiple witnesses are set to testify on the same set of facts, and a reasonable apprehension of 'tutoring' or 'overlapping testimony' is raised by the defense, the Trial Court is legally bound to defer the cross-examination of key witnesses until the examination-in-chief of other related witnesses is completed. Failure to do so constitutes a manifest error of jurisdiction that undermines the fairness of the trial. Karnataka High Court.
Section 231(2) Cr.P.C. Where multiple witnesses are set to testify on the same set of facts, and a reasonable apprehension of 'tutoring' or 'overlapping testimony' is raised by the defense, the Trial Court is legally bound to defer the cross-examination of key witnesses until the examination-in-chief of other related witnesses is completed. Failure to do so constitutes a manifest error of jurisdiction that undermines the fairness of the trial. Karnataka High Court.
  • 16-February-2026
  • Daksha Legal
Judgement
Constitution of India. A petition under Article 227 is not maintainable against an order of a Civil Court refusing to grant ex-parte injunction when a specific statutory remedy is available under Order XLIII, Rule 1 (r) of the Code of Civil Procedure. High Courts must refrain from exercising their power of superintendence in such cases as a matter of judicial discipline. Karnataka High Court.
Constitution of India. A petition under Article 227 is not maintainable against an order of a Civil Court refusing to grant ex-parte injunction when a specific statutory remedy is available under Order XLIII, Rule 1 (r) of the Code of Civil Procedure. High Courts must refrain from exercising their power of superintendence in such cases as a matter of judicial discipline. Karnataka High Court.
  • 16-February-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