Criminal proceedings initiated to arm-twist a medical doctor for joining another institution amount to an abuse of process and are liable to be quashed when they stem from ‘wounded pride’ and ‘institutional resentment’ rather than any criminal offence. Karnataka High Court.
Criminal proceedings initiated to arm-twist a medical doctor for joining another institution amount to an abuse of process and are liable to be quashed when they stem from ‘wounded pride’ and ‘institutional resentment’ rather than any criminal offence. Karnataka High Court.
  • 06-July-2026
  • Daksha Legal
Judgement
Delay or limitation cannot be invoked to perpetuate an illegal or fraudulent decree affecting valuable property rights. Supreme Court upholds trial court's condonation of a 22-year delay in setting aside compromise decree obtained by fraud.
Delay or limitation cannot be invoked to perpetuate an illegal or fraudulent decree affecting valuable property rights. Supreme Court upholds trial court's condonation of a 22-year delay in setting aside compromise decree obtained by fraud.
  • 06-July-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
Doctrine of necessary party under Order 1 Rule 10 CPC is different from the devolution of interest under Order 22 Rule 10 CPC. Transferee pendente lite is a representative in interest of the transferor and may be added as a party under Order 22 Rule 10 to protect the interest acquired by him. Karnataka High Court. 2026 Daksha Legal Kar 488
Doctrine of necessary party under Order 1 Rule 10 CPC is different from the devolution of interest under Order 22 Rule 10 CPC. Transferee pendente lite is a representative in interest of the transferor and may be added as a party under Order 22 Rule 10 to protect the interest acquired by him. Karnataka High Court. 2026 Daksha Legal Kar 488
  • 04-July-2026
  • Daksha Legal
Judgement
A reasoned judicial order is the heartbeat of the justice delivery system, assuring the parties that their submissions have been duly considered and promoting transparency in the administration of justice. An unreasoned interim order, which fails to disclose the factors that weighed with the Court, creates uncertainty and is liable to be set aside. Karnataka High Court.
A reasoned judicial order is the heartbeat of the justice delivery system, assuring the parties that their submissions have been duly considered and promoting transparency in the administration of justice. An unreasoned interim order, which fails to disclose the factors that weighed with the Court, creates uncertainty and is liable to be set aside. Karnataka High Court.
  • 04-July-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. A third-party purchaser who is not a signatory to the arbitration agreement cannot ordinarily be impleaded in proceedings under Section 34. Mere commercial interest in the arbitral outcome does not confer a right of impleadment, as arbitration is founded on party autonomy and consent. Karnataka High Court. 2026 Daksha Legal Kar 495.
Arbitration and Conciliation Act. A third-party purchaser who is not a signatory to the arbitration agreement cannot ordinarily be impleaded in proceedings under Section 34. Mere commercial interest in the arbitral outcome does not confer a right of impleadment, as arbitration is founded on party autonomy and consent. Karnataka High Court. 2026 Daksha Legal Kar 495.
  • 04-July-2026
  • Daksha Legal
Judgement
In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453
In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453
  • 03-July-2026
  • Daksha Legal
Judgement
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.
  • 04-July-2026
  • Daksha Legal
Judgement
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.
  • 04-July-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