Hindu Succession Act. Section 24 prior to the 2005 amendment. The bar disentitling a remarried widow from inheriting her pre-deceased husband's share does not operate against his other heirs. The coparcenary interest passes in its entirety to his other surviving Class-I legal heirs and does not revert to the surviving coparceners. Madras High Court.
Hindu Succession Act. Section 24 prior to the 2005 amendment. The bar disentitling a remarried widow from inheriting her pre-deceased husband's share does not operate against his other heirs. The coparcenary interest passes in its entirety to his other surviving Class-I legal heirs and does not revert to the surviving coparceners. Madras High Court.
  • 16-September-2026
  • Daksha Legal
Judgement
An Appellate Court exercising jurisdiction under Order XLIII Rule 1 read with Section 104 CPC cannot travel beyond the specific interlocutory reliefs prayed for in an application under Order XXXIX Rules 1 and 2. Granting interim relief that is materially different from or wider than the prayer sought constitutes a fundamental jurisdictional infirmity. Karnataka High Court.
An Appellate Court exercising jurisdiction under Order XLIII Rule 1 read with Section 104 CPC cannot travel beyond the specific interlocutory reliefs prayed for in an application under Order XXXIX Rules 1 and 2. Granting interim relief that is materially different from or wider than the prayer sought constitutes a fundamental jurisdictional infirmity. Karnataka High Court.
  • 16-September-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
Land acquisition. The interest component of 15% per annum payable as regards enhanced compensation in case of delay of more than one year as provided under Section 72 of RFCTLARR Act, 2013 cannot be extended to enhancement in terms of Section 3G(5) of N.H. Act. Karnataka High Court.
Land acquisition. The interest component of 15% per annum payable as regards enhanced compensation in case of delay of more than one year as provided under Section 72 of RFCTLARR Act, 2013 cannot be extended to enhancement in terms of Section 3G(5) of N.H. Act. Karnataka High Court.
  • 16-September-2026
  • Daksha Legal
Judgement
A diesel generator installed and operated in a shopping-mall does not require trade license or renewal thereof though the statutory permission under Section 354 of the Karnataka Municipal Corporations Act is required for the installation. Karnataka High Court.
A diesel generator installed and operated in a shopping-mall does not require trade license or renewal thereof though the statutory permission under Section 354 of the Karnataka Municipal Corporations Act is required for the installation. Karnataka High Court.
  • 15-September-2026
  • Daksha Legal
Judgement
Growing tendency to give criminal colour to property disputes, false allegations of outraging the modesty of women and false cases under the SC/ST (Prevention of Atrocities) Act to settle personal scores or wreak vengeance. Karnataka High Court quashes the criminal proceedings, terming their continuation an abuse of the process of law.
Growing tendency to give criminal colour to property disputes, false allegations of outraging the modesty of women and false cases under the SC/ST (Prevention of Atrocities) Act to settle personal scores or wreak vengeance. Karnataka High Court quashes the criminal proceedings, terming their continuation an abuse of the process of law.
  • 12-September-2026
  • Daksha Legal
Judgement
Quo Warranto. The Court’s inquiry is confined to the eligibility of the person appointed to hold the public office and does not extend to the suitability or wisdom of the appointment. Where the prescribed qualifications and eligibility are satisfied and the appointment is made by the competent authority in accordance with law, the Court cannot substitute its own assessment of suitability for that of the appointing authority. Karnataka High Court. 2026 Daksha Legal Kar 1215.
Quo Warranto. The Court’s inquiry is confined to the eligibility of the person appointed to hold the public office and does not extend to the suitability or wisdom of the appointment. Where the prescribed qualifications and eligibility are satisfied and the appointment is made by the competent authority in accordance with law, the Court cannot substitute its own assessment of suitability for that of the appointing authority. Karnataka High Court. 2026 Daksha Legal Kar 1215.
  • 12-September-2026
  • Daksha Legal
Judgement
Where no concluded settlement was actually reached before the Lok Adalat, the Civil Court can recall the withdrawal of the civil suit and permit the suits to proceed. Only a genuine compromise reached and duly incorporated into a Lok Adalat award becomes final and binding and has the force of a civil-court decree. Karnataka High Court.
Where no concluded settlement was actually reached before the Lok Adalat, the Civil Court can recall the withdrawal of the civil suit and permit the suits to proceed. Only a genuine compromise reached and duly incorporated into a Lok Adalat award becomes final and binding and has the force of a civil-court decree. Karnataka High Court.
  • 12-September-2026
  • Daksha Legal
Judgement
Section 125, Cr.P.C. A wife is not entitled to claim maintenance under if she voluntarily leaves her matrimonial home and refuses to reside with her husband without establishing a reasonable cause or justification. Karnataka High Court. 2026 Daksha Legal Kar 1229.
Section 125, Cr.P.C. A wife is not entitled to claim maintenance under if she voluntarily leaves her matrimonial home and refuses to reside with her husband without establishing a reasonable cause or justification. Karnataka High Court. 2026 Daksha Legal Kar 1229.
  • 12-September-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