Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him. (Referred) Karnataka High Court.
Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him. (Referred) Karnataka High Court.
  • 24-March-2026
  • Daksha Legal
Judgement
Service Law. Initial absence from duty may constitute misconduct; however, prolonged and unexplained absence can amount to voluntary abandonment of service. In such cases, the employment relationship stands terminated automatically, without the necessity of any formal order by the employer. Karnataka High Court. Orissa High Court.
Service Law. Initial absence from duty may constitute misconduct; however, prolonged and unexplained absence can amount to voluntary abandonment of service. In such cases, the employment relationship stands terminated automatically, without the necessity of any formal order by the employer. Karnataka High Court. Orissa High Court.
  • 25-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
Wakf. A suit instituted by a Wakf Institution cannot be dismissed as not maintainable or abated solely because the Mutawalli who filed the suit has been removed from office or has seen their term expire. Since the Institution itself is the suitor, the litigation must continue to protect the underlying public or religious interest. Karnataka High Court.
Wakf. A suit instituted by a Wakf Institution cannot be dismissed as not maintainable or abated solely because the Mutawalli who filed the suit has been removed from office or has seen their term expire. Since the Institution itself is the suitor, the litigation must continue to protect the underlying public or religious interest. Karnataka High Court.
  • 25-March-2026
  • Daksha Legal
Judgement
Kartha of a Hindu Joint Family possesses the legal authority to alienate ancestral property without the consent of other coparceners, provided the alienation is for 'legal necessity' or for the 'benefit of the estate'—such as meeting the expenses for a daughter’s marriage or family maintenance. Once such necessity is proved, the sale is binding on all members of the joint family. Karnataka High Court.
Kartha of a Hindu Joint Family possesses the legal authority to alienate ancestral property without the consent of other coparceners, provided the alienation is for 'legal necessity' or for the 'benefit of the estate'—such as meeting the expenses for a daughter’s marriage or family maintenance. Once such necessity is proved, the sale is binding on all members of the joint family. Karnataka High Court.
  • 25-March-2026
  • Daksha Legal
Judgement
When a non-executant seeks declaration that the sale deed is null or void and does not bind on him, he has to merely pay court fee on the value of the reliefs sought and not ad valorem court-fee on the sale consideration mentioned in the sale deeds. Karnataka High Court.
When a non-executant seeks declaration that the sale deed is null or void and does not bind on him, he has to merely pay court fee on the value of the reliefs sought and not ad valorem court-fee on the sale consideration mentioned in the sale deeds. Karnataka High Court.
  • 25-March-2026
  • Daksha Legal
Judgement
‘Pot Kharab’ lands falling under Rule 21(2)(a) of the Karnataka Land Revenue Rules belong to the landowner. When such lands are acquired, the landowners are entitled for compensation. Karnataka High Court.
‘Pot Kharab’ lands falling under Rule 21(2)(a) of the Karnataka Land Revenue Rules belong to the landowner. When such lands are acquired, the landowners are entitled for compensation. Karnataka High Court.
  • 24-March-2026
  • Daksha Legal
Judgement
Commercial Courts Act: An order passed by a Commercial Court rejecting a plaint amounts to a “decree” under Section 2(2) of the CPC. The aggrieved party must prefer a commercial appeal under Section 13(1A) of the Act. A writ petition under Article 227 of the Constitution is not maintainable when such an alternative and efficacious statutory remedy of appeal exists. Karnataka High Court.
Commercial Courts Act: An order passed by a Commercial Court rejecting a plaint amounts to a “decree” under Section 2(2) of the CPC. The aggrieved party must prefer a commercial appeal under Section 13(1A) of the Act. A writ petition under Article 227 of the Constitution is not maintainable when such an alternative and efficacious statutory remedy of appeal exists. Karnataka High Court.
  • 24-March-2026
  • Daksha Legal
Judgement
An arbitral award is liable to be set aside if it is rendered by an authority lacking jurisdiction. An award passed under the National Highways Act by a Deputy Commissioner who has no territorial jurisdiction is a nullity. Such a defect goes to the root and cannot be cured by consent or waiver of the parties. Karnataka High Court.
An arbitral award is liable to be set aside if it is rendered by an authority lacking jurisdiction. An award passed under the National Highways Act by a Deputy Commissioner who has no territorial jurisdiction is a nullity. Such a defect goes to the root and cannot be cured by consent or waiver of the parties. Karnataka High Court.
  • 24-March-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