Karnataka Motor Vehicles Taxation Act. An officer not below the rank of an Inspector of Motor Vehicles possesses the statutory authority to seize and detain a motor vehicle for tax evasion. Transport authorities can cancel a vehicle’s registration upon detecting that registration was obtained through fabricated or fraudulent documents. Karnataka High Court.
Karnataka Motor Vehicles Taxation Act. An officer not below the rank of an Inspector of Motor Vehicles possesses the statutory authority to seize and detain a motor vehicle for tax evasion. Transport authorities can cancel a vehicle’s registration upon detecting that registration was obtained through fabricated or fraudulent documents. Karnataka High Court.
  • 01-August-2026
  • Daksha Legal
Judgement
Payment of Gratuity Act. Gratuity payable on the death of an employee does not form part of the deceased employee's estate and, therefore, is not liable to attachment in execution proceedings. Karnataka High Court.
Payment of Gratuity Act. Gratuity payable on the death of an employee does not form part of the deceased employee's estate and, therefore, is not liable to attachment in execution proceedings. Karnataka High Court.
  • 01-August-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
SARFAESI Act. Courts exercising writ jurisdiction cannot rewrite contractual terms or impose a One-Time Settlement (OTS) contract upon a financial institution. Where a borrower fails to pay the OTS amount within the agreed or reasonable timeframe, the Bank cannot be legally compelled to accept delayed or defaulted OTS installments. Karnataka High Court.
SARFAESI Act. Courts exercising writ jurisdiction cannot rewrite contractual terms or impose a One-Time Settlement (OTS) contract upon a financial institution. Where a borrower fails to pay the OTS amount within the agreed or reasonable timeframe, the Bank cannot be legally compelled to accept delayed or defaulted OTS installments. Karnataka High Court.
  • 01-August-2026
  • Daksha Legal
Judgement
NICE Project. Karnataka Industrial Areas Development Act. Even in the absence of an express ‘lapsing’ provision, the admitted failure on the part of the authorities to pass the awards for many decades coupled with the absence of any satisfactory explanation for such an inordinate delay renders the land acquisition proceedings unsustainable. Karnataka High Court.
NICE Project. Karnataka Industrial Areas Development Act. Even in the absence of an express ‘lapsing’ provision, the admitted failure on the part of the authorities to pass the awards for many decades coupled with the absence of any satisfactory explanation for such an inordinate delay renders the land acquisition proceedings unsustainable. Karnataka High Court.
  • 01-August-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. A claimant must establish at least one of the statutory criteria—place of accident, or the residence/place of business of the claimant or respondent. A mere assertion of temporary residence, unsupported by evidence, is insufficient. Where the accident occurred outside the jurisdiction, all parties reside outside it, and the insurer has no branch office there, the MACT lacks territorial jurisdiction, rendering its award void ab initio and non est in law. Karnataka High Court.
Motor Vehicles Act. A claimant must establish at least one of the statutory criteria—place of accident, or the residence/place of business of the claimant or respondent. A mere assertion of temporary residence, unsupported by evidence, is insufficient. Where the accident occurred outside the jurisdiction, all parties reside outside it, and the insurer has no branch office there, the MACT lacks territorial jurisdiction, rendering its award void ab initio and non est in law. Karnataka High Court.
  • 31-July-2026
  • Daksha Legal
Judgement
Mysore Hindu Law Women's Rights Act, 1933. When joint family property devolves upon a sole surviving male coparcener prior to the commencement of the Hindu Succession Act 1956, the female heirs would also acquire right over the joint family property. Karnataka High Court.
Mysore Hindu Law Women's Rights Act, 1933. When joint family property devolves upon a sole surviving male coparcener prior to the commencement of the Hindu Succession Act 1956, the female heirs would also acquire right over the joint family property. Karnataka High Court.
  • 30-July-2026
  • Daksha Legal
Judgement
Code of Criminal Procedure. Section 319. While the power under Section 319 Cr.P.C. requires a higher degree of satisfaction than a mere prima facie case, the trial court has the discretion to decide the application with or without waiting for cross-examination based on the cogency of the examination in chief. Unsubstantiated defenses such as a plea of alibi raised by proposed accused cannot be used to defeat a Section 319 application at the threshold, as the burden of proving an alibi rests entirely on the accused during the course of the trial. Karnataka High Court.
Code of Criminal Procedure. Section 319. While the power under Section 319 Cr.P.C. requires a higher degree of satisfaction than a mere prima facie case, the trial court has the discretion to decide the application with or without waiting for cross-examination based on the cogency of the examination in chief. Unsubstantiated defenses such as a plea of alibi raised by proposed accused cannot be used to defeat a Section 319 application at the threshold, as the burden of proving an alibi rests entirely on the accused during the course of the trial. Karnataka High Court.
  • 30-July-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Where a fatal accident is caused by the rash and negligent driving of an uninsured/unlicensed owner of the vehicle and who is also the father of the claimants and husband of the deceased, the equitable principle of ‘Pay and Recover’ cannot be invoked against the insurance company. Consequently, for policy condition breaches involving intra-familial tortfeasors, the insurer is completely exonerated. Karnataka High Court.
Motor Vehicles Act. Where a fatal accident is caused by the rash and negligent driving of an uninsured/unlicensed owner of the vehicle and who is also the father of the claimants and husband of the deceased, the equitable principle of ‘Pay and Recover’ cannot be invoked against the insurance company. Consequently, for policy condition breaches involving intra-familial tortfeasors, the insurer is completely exonerated. Karnataka High Court.
  • 30-July-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