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
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
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
Where the dispute between the parties is predominantly civil in nature, particularly involving the title, possession, or boundaries of immovable property, and where civil suits are already sub-judice, the initiation of criminal proceedings for offenses like cheating or forgery, without any distinct element of criminality, is an abuse of the process of law. Karnataka High Court.
Where the dispute between the parties is predominantly civil in nature, particularly involving the title, possession, or boundaries of immovable property, and where civil suits are already sub-judice, the initiation of criminal proceedings for offenses like cheating or forgery, without any distinct element of criminality, is an abuse of the process of law. Karnataka High Court.
  • 02-March-2026
  • Daksha Legal
Judgement
SARFAESI Act. When a security interest is duly registered, it creates a first charge that overrides any subsequent attachment order issued by tax authorities under State legislations like the KVAT Act. The 'prior in time' interest of a secured creditor must be honored, and the State cannot claim a superior charge over assets that have already been legally sold to satisfy a registered security interest. Karnataka High Court.
SARFAESI Act. When a security interest is duly registered, it creates a first charge that overrides any subsequent attachment order issued by tax authorities under State legislations like the KVAT Act. The 'prior in time' interest of a secured creditor must be honored, and the State cannot claim a superior charge over assets that have already been legally sold to satisfy a registered security interest. Karnataka High Court.
  • 28-February-2026
  • Daksha Legal
Judgement
Registration of Births and Deaths Act. Where the mother, being the sole custodial parent and the only person responsible for the child’s upbringing, seeks to give the child her own family name, and where the father has completely abandoned the child, the Registrar is bound to make such changes. Karnataka High Court.
Registration of Births and Deaths Act. Where the mother, being the sole custodial parent and the only person responsible for the child’s upbringing, seeks to give the child her own family name, and where the father has completely abandoned the child, the Registrar is bound to make such changes. Karnataka High Court.
  • 28-February-2026
  • Daksha Legal
Judgement
Suit for partition. Where the Kartha has alienated coparcenary properties to third parties, to balance the competing equities protecting the plaintiffs' potential share while avoiding unnecessary hardship to bona fide purchasers, the Court may allow the purchasers to continue development or alienation subject to the deposit of a reasonable security amount in Court. Karnataka High Court.
Suit for partition. Where the Kartha has alienated coparcenary properties to third parties, to balance the competing equities protecting the plaintiffs' potential share while avoiding unnecessary hardship to bona fide purchasers, the Court may allow the purchasers to continue development or alienation subject to the deposit of a reasonable security amount in Court. Karnataka High Court.
  • 27-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