Real Estate (Regulation and Development) Act. When a recovery certificate is issued by the RERA under Section 40 the designated revenue authorities have a mandatory statutory obligation to execute said certificate and recover the dues as arrears of land revenue. The Court may issue a writ of mandamus to compel the recovery within a specified timeframe. Karnataka High Court.
Real Estate (Regulation and Development) Act. When a recovery certificate is issued by the RERA under Section 40 the designated revenue authorities have a mandatory statutory obligation to execute said certificate and recover the dues as arrears of land revenue. The Court may issue a writ of mandamus to compel the recovery within a specified timeframe. Karnataka High Court.
  • 17-May-2026
  • Daksha Legal
Judgement
Principle of res judicata applies between two stages in the same litigation to the extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings. Supreme Court.
Principle of res judicata applies between two stages in the same litigation to the extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings. Supreme Court.
  • 17-May-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
A tenant cannot withhold possession of the subject property till the security deposit is refunded. The remedy available to the tenant is to sue the landlord for refund of the security deposit after handing over possession. Karnataka High Court.
A tenant cannot withhold possession of the subject property till the security deposit is refunded. The remedy available to the tenant is to sue the landlord for refund of the security deposit after handing over possession. Karnataka High Court.
  • 17-May-2026
  • Daksha Legal
Judgement
Courts are enduring pillars of the justice delivery system, transcending the temporary roles of judges, advocates and staff. The dignity, credibility and supremacy of the judicial institution must be preserved, and every citizen owes a duty to uphold its sanctity. Supreme Court
Courts are enduring pillars of the justice delivery system, transcending the temporary roles of judges, advocates and staff. The dignity, credibility and supremacy of the judicial institution must be preserved, and every citizen owes a duty to uphold its sanctity. Supreme Court
  • 11-May-2026
  • Daksha Legal
Judgement
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if the interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. Delhi High Court.
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if the interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. Delhi High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.
Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.
Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.
  • 08-May-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.
Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.
  • 08-May-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