Arbitration and Conciliation Act. The period of limitation stops running on the date on which the request for referring the dispute to arbitration is received by the respondent and not the date on which the statement of claims was filed. Karnataka High Court.
Arbitration and Conciliation Act. The period of limitation stops running on the date on which the request for referring the dispute to arbitration is received by the respondent and not the date on which the statement of claims was filed. Karnataka High Court.
  • 19-February-2026
  • Daksha Legal
Judgement
Where civil suit seeking declaration of ownership was abandoned, writ proceedings premised on the same claim ought not to be entertained in absence of any explanation as to why the suit was abandoned. Order of the single judge based on non-existing order set aside. Karnataka High Court.
Where civil suit seeking declaration of ownership was abandoned, writ proceedings premised on the same claim ought not to be entertained in absence of any explanation as to why the suit was abandoned. Order of the single judge based on non-existing order set aside. Karnataka High Court.
  • 19-February-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
POCSO Act and Section 376 of the IPC. Enemity between the families of the accused and the victim coupled with negative DNA report are factors to be taken note of. Where the victim's testimony is inconsistent, the medical evidence is inconclusive, and there is an unexplained, inordinate delay in filing the FIR, the accused is entitled to the benefit of the doubt. Karnataka High Court.
POCSO Act and Section 376 of the IPC. Enemity between the families of the accused and the victim coupled with negative DNA report are factors to be taken note of. Where the victim's testimony is inconsistent, the medical evidence is inconclusive, and there is an unexplained, inordinate delay in filing the FIR, the accused is entitled to the benefit of the doubt. Karnataka High Court.
  • 19-February-2026
  • Daksha Legal
Judgement
A plea of constructive res judicata under Order II Rule 2 of the CPC cannot be raised for the first time at the appellate stage, unless the necessary factual foundation, specifically the nature of the cause of action in the earlier suit was pleaded in the written statement. Karnataka High Court.
A plea of constructive res judicata under Order II Rule 2 of the CPC cannot be raised for the first time at the appellate stage, unless the necessary factual foundation, specifically the nature of the cause of action in the earlier suit was pleaded in the written statement. Karnataka High Court.
  • 19-February-2026
  • Daksha Legal
Judgement
A Civil or Commercial Court lacks the jurisdiction to grant an injunction restraining a secured creditor from invoking its rights under the SARFAESI Act against a guarantor. Any grievance regarding the measures taken by the Bank under the SARFAESI Act must be addressed exclusively before the Debts Recovery Tribunal under Section 17, and a suit designed to bypass this statutory mechanism is barred under Section 34 of the Act. Karnataka High Court.
A Civil or Commercial Court lacks the jurisdiction to grant an injunction restraining a secured creditor from invoking its rights under the SARFAESI Act against a guarantor. Any grievance regarding the measures taken by the Bank under the SARFAESI Act must be addressed exclusively before the Debts Recovery Tribunal under Section 17, and a suit designed to bypass this statutory mechanism is barred under Section 34 of the Act. Karnataka High Court.
  • 19-February-2026
  • Daksha Legal
Judgement
Employment Visa. A foreign national on a contractual visa obtained through misrepresentation, does not enjoy the same degree of procedural protection as a citizen or a long-term resident seeking citizenship. Leave India Notice is not vitiated for violation of principles of natural justice. Karnataka High Court.
Employment Visa. A foreign national on a contractual visa obtained through misrepresentation, does not enjoy the same degree of procedural protection as a citizen or a long-term resident seeking citizenship. Leave India Notice is not vitiated for violation of principles of natural justice. Karnataka High Court.
  • 18-February-2026
  • Daksha Legal
Judgement
Limitation Act. Section 18(1) is attracted only where an acknowledgment of liability is made before the expiry of the prescribed period of limitation for instituting a suit or application in respect of any property or right. The benefit of the Section can be availed only if such acknowledgment is issued within the subsisting limitation period and not after its expiration. Karnataka High Court.
Limitation Act. Section 18(1) is attracted only where an acknowledgment of liability is made before the expiry of the prescribed period of limitation for instituting a suit or application in respect of any property or right. The benefit of the Section can be availed only if such acknowledgment is issued within the subsisting limitation period and not after its expiration. Karnataka High Court.
  • 18-February-2026
  • Daksha Legal
Judgement
Although Section 498A of the IPC was enacted to curb cruelty against married women, courts must be circumspect in preventing its misuse through vague, omnibus allegations stemming from matrimonial discord. In the absence of prima facie material on record, continuation of the prosecution would be unwarranted, held the Karnataka High Court.
Although Section 498A of the IPC was enacted to curb cruelty against married women, courts must be circumspect in preventing its misuse through vague, omnibus allegations stemming from matrimonial discord. In the absence of prima facie material on record, continuation of the prosecution would be unwarranted, held the Karnataka High Court.
  • 18-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