Bangalore Development Authority cannot unilaterally demand betterment tax without complying with the procedure under Section 21 of the BDA Act, which mandates prior written notice, an opportunity to submit objections and be heard, and reference to the District Court for determination where the assessed amount is disputed, instead of directly demanding payment. Karnataka High Court.
Bangalore Development Authority cannot unilaterally demand betterment tax without complying with the procedure under Section 21 of the BDA Act, which mandates prior written notice, an opportunity to submit objections and be heard, and reference to the District Court for determination where the assessed amount is disputed, instead of directly demanding payment. Karnataka High Court.
  • 14-October-2026
  • Daksha Legal
Judgement
Amendment of pleadings after commencement of the trial. Mere delay in seeking amendment is not, by itself, a ground for rejection. Subsequent discovery of relevant proceedings may justify such amendment. The decisive test is whether the proposed amendment introduces a distinct and independent controversy or merely incorporates additional facts and consequential reliefs directly connected with the existing cause of action. Supreme Court.
Amendment of pleadings after commencement of the trial. Mere delay in seeking amendment is not, by itself, a ground for rejection. Subsequent discovery of relevant proceedings may justify such amendment. The decisive test is whether the proposed amendment introduces a distinct and independent controversy or merely incorporates additional facts and consequential reliefs directly connected with the existing cause of action. Supreme 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
Arbitration and Conciliation Act – Juridical Seat and Venue. Where an arbitration agreement specifies two different places for arbitration, neither place can automatically be treated as the juridical seat. The seat must be determined by a harmonious reading of the entire agreement, including the governing law and exclusive jurisdiction clauses, to ascertain the parties’ true intention. Supreme Court.
Arbitration and Conciliation Act – Juridical Seat and Venue. Where an arbitration agreement specifies two different places for arbitration, neither place can automatically be treated as the juridical seat. The seat must be determined by a harmonious reading of the entire agreement, including the governing law and exclusive jurisdiction clauses, to ascertain the parties’ true intention. Supreme Court.
  • 13-October-2026
  • Daksha Legal
Judgement
Tender. 'Rigid adherence to the letter of a document cannot be countenanced, especially when there is a clear impossibility in compliance of the same'. A bid cannot be rejected merely for failure to produce a physical original of bid security when electronic payment has already transferred the funds to the authority and the prescribed physical form is inapplicable. Supreme Court.
Tender. 'Rigid adherence to the letter of a document cannot be countenanced, especially when there is a clear impossibility in compliance of the same'. A bid cannot be rejected merely for failure to produce a physical original of bid security when electronic payment has already transferred the funds to the authority and the prescribed physical form is inapplicable. Supreme Court.
  • 13-October-2026
  • Daksha Legal
Judgement
‘’Treating unequals as equals violates the constitutional principle of proportional equality’’. Reservation exceeding the prescribed ceiling of 50% in educational institutions and public employment, in the absence of constitutionally permissible exceptional circumstances, is impermissible. Karnataka High Court strikes down the State legislation providing reservation beyond the 50% ceiling.
‘’Treating unequals as equals violates the constitutional principle of proportional equality’’. Reservation exceeding the prescribed ceiling of 50% in educational institutions and public employment, in the absence of constitutionally permissible exceptional circumstances, is impermissible. Karnataka High Court strikes down the State legislation providing reservation beyond the 50% ceiling.
  • 13-October-2026
  • Daksha Legal
Judgement
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
‘’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

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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