Suit for Declaration of Title and Injunction. Where the plaintiff establishes title but fails to prove possession, and the defendant proves possession but fails to establish adverse possession, the Court may mould the relief by granting a declaration of title and recovery of possession, as the defendant has no sustainable defence against such relief. Karnataka High Court.
Suit for Declaration of Title and Injunction. Where the plaintiff establishes title but fails to prove possession, and the defendant proves possession but fails to establish adverse possession, the Court may mould the relief by granting a declaration of title and recovery of possession, as the defendant has no sustainable defence against such relief. Karnataka High Court.
  • 12-October-2026
  • Daksha Legal
Judgement
Karnataka SC/ST (PTCL) Act. Irrespective of whether the non-alienation period has expired, obtaining prior permission of the Government under Section 4(2) of the Act is a mandatory to transfer granted land. Further, a Tahsildar has no power to issue a ‘No Objection Certificate’ permitting sale of the granted lands. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Irrespective of whether the non-alienation period has expired, obtaining prior permission of the Government under Section 4(2) of the Act is a mandatory to transfer granted land. Further, a Tahsildar has no power to issue a ‘No Objection Certificate’ permitting sale of the granted lands. Karnataka High Court.
  • 13-October-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
‘’Pathi Patni Aur Woh’’. Sexual intercourse by married person employing deceitful means or false promises. Wife of the accused cannot be dragged into the criminal proceedings under Section 69 of the BNS. Karnataka High Court. 2026 Daksha Legal Kar 1423.
‘’Pathi Patni Aur Woh’’. Sexual intercourse by married person employing deceitful means or false promises. Wife of the accused cannot be dragged into the criminal proceedings under Section 69 of the BNS. Karnataka High Court. 2026 Daksha Legal Kar 1423.
  • 13-October-2026
  • Daksha Legal
Judgement
Karnataka Land Reforms Rules. Whenever multiple applications in Form No. 7 are filed by different claimants in respect of the same land/survey number, the Land Tribunal must club the applications together and decide them through a single, common order. Deciding rival claims through separate, independent orders renders such orders non-est in the eye of law. Karnataka High Court.
Karnataka Land Reforms Rules. Whenever multiple applications in Form No. 7 are filed by different claimants in respect of the same land/survey number, the Land Tribunal must club the applications together and decide them through a single, common order. Deciding rival claims through separate, independent orders renders such orders non-est in the eye of law. Karnataka High Court.
  • 13-October-2026
  • Daksha Legal
Judgement
Proof of Will. Registered instrument bearing the photograph and signature of the testator, evidencing his personal presentation before the Sub-Registrar and the endorsement made under Section 60 of the Registration Act raise a presumption that registration was effected upon verification of the testator’s identity and execution of the Wills. These circumstances, coupled with the other evidence on record, sufficiently establish the execution of the Wills by the testator. Karnataka High Court.
Proof of Will. Registered instrument bearing the photograph and signature of the testator, evidencing his personal presentation before the Sub-Registrar and the endorsement made under Section 60 of the Registration Act raise a presumption that registration was effected upon verification of the testator’s identity and execution of the Wills. These circumstances, coupled with the other evidence on record, sufficiently establish the execution of the Wills by the testator. Karnataka High Court.
  • 13-October-2026
  • Daksha Legal
Judgement
Where the genuineness of an Agreement of Sale is directly in issue in a pending suit for specific performance, criminal proceeding alleging forgery of the very same document is premature. Though a civil dispute does not bar criminal prosecution, parallel proceedings involving the identical foundational shall be avoided until its adjudication by the Civil Court. 2026 Daksha Legal Kar.1392
Where the genuineness of an Agreement of Sale is directly in issue in a pending suit for specific performance, criminal proceeding alleging forgery of the very same document is premature. Though a civil dispute does not bar criminal prosecution, parallel proceedings involving the identical foundational shall be avoided until its adjudication by the Civil Court. 2026 Daksha Legal Kar.1392
  • 10-October-2026
  • Daksha Legal
Judgement
Prosecution under Section 35B of the Wealth Tax Act for wilful failure to file returns within the prescribed time does not require prior assessment or determination of tax liability. Subsequent filing of returns does not absolve the default, and the question of culpable mental state is a matter for trial. Karnataka High Court.
Prosecution under Section 35B of the Wealth Tax Act for wilful failure to file returns within the prescribed time does not require prior assessment or determination of tax liability. Subsequent filing of returns does not absolve the default, and the question of culpable mental state is a matter for trial. Karnataka High Court.
  • 10-October-2026
  • Daksha Legal
Judgement
Acquisition proceedings initiated under the 1894 Act lapse only where neither physical possession has been taken nor compensation paid. Fulfilment of either requirement prevents lapse. In acquisitions completed several decades ago, mere non-availability of the original notification under Section 16 of the 1894 Act is not fatal where taking of possession is otherwise established by cogent evidence. Karnataka High Court.
Acquisition proceedings initiated under the 1894 Act lapse only where neither physical possession has been taken nor compensation paid. Fulfilment of either requirement prevents lapse. In acquisitions completed several decades ago, mere non-availability of the original notification under Section 16 of the 1894 Act is not fatal where taking of possession is otherwise established by cogent evidence. Karnataka High Court.
  • 10-October-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