Order XXXVII of the CPC. Summary suit. The issuance of summons in the specific format prescribed in Form No. 4-A of Appendix B is a mandatory requirement and not a mere technicality. A general summons issued in an ordinary format cannot set the summary clock in motion against the defendant. Karnataka High Court.
Order XXXVII of the CPC. Summary suit. The issuance of summons in the specific format prescribed in Form No. 4-A of Appendix B is a mandatory requirement and not a mere technicality. A general summons issued in an ordinary format cannot set the summary clock in motion against the defendant. Karnataka High Court.
  • 23-February-2026
  • Daksha Legal
Judgement
Suit for declaration and injunction. Failure of the plaintiff to establish absolute title does not automatically result in the dismissal of the suit for injunction. If the plaintiff proves 'settled possession' through continuous revenue entries and long-standing occupation, he is entitled to an injunction. Karnataka High Court.
Suit for declaration and injunction. Failure of the plaintiff to establish absolute title does not automatically result in the dismissal of the suit for injunction. If the plaintiff proves 'settled possession' through continuous revenue entries and long-standing occupation, he is entitled to an injunction. Karnataka High Court.
  • 23-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
Companies Act. A lease agreement executed by a company's former management in favor of a related party just before the filing of a winding-up petition, involving valuable assets at a nominal rent, constitutes a fraudulent preference and is void against the Official Liquidator. The Official Liquidator’s right to recover such assets cannot be defeated by a narrow interpretation of limitation, especially given the statutory exclusions provided under Section 458A. Karnataka High Court.
Companies Act. A lease agreement executed by a company's former management in favor of a related party just before the filing of a winding-up petition, involving valuable assets at a nominal rent, constitutes a fraudulent preference and is void against the Official Liquidator. The Official Liquidator’s right to recover such assets cannot be defeated by a narrow interpretation of limitation, especially given the statutory exclusions provided under Section 458A. Karnataka High Court.
  • 24-February-2026
  • Daksha Legal
Judgement
Karnataka Minor Mineral Concession Rules. In the matter of granting quarry leases, an applicant cannot claim a right of priority over the subject land if their application has already been rejected by the competent authority. The existence of a general land-specific report does not create an indefeasible right in favor of a former applicant whose request is no longer live. Karnataka High Court.
Karnataka Minor Mineral Concession Rules. In the matter of granting quarry leases, an applicant cannot claim a right of priority over the subject land if their application has already been rejected by the competent authority. The existence of a general land-specific report does not create an indefeasible right in favor of a former applicant whose request is no longer live. Karnataka High Court.
  • 23-February-2026
  • Daksha Legal
Judgement
Res Judicata. A subsequent suit for partition and separate possession is barred if a previous suit seeking the identical relief between the same parties or their predecessors-in-interest has already been dismissed by a competent Court. The fact that the earlier suit was dismissed without recording evidence or a detailed adjudication on merits does not prevent the bar of res judicata from operating. Karnataka High Court.
Res Judicata. A subsequent suit for partition and separate possession is barred if a previous suit seeking the identical relief between the same parties or their predecessors-in-interest has already been dismissed by a competent Court. The fact that the earlier suit was dismissed without recording evidence or a detailed adjudication on merits does not prevent the bar of res judicata from operating. Karnataka High Court.
  • 21-February-2026
  • Daksha Legal
Judgement
Indian Contract Act. When a creditor accepts new guarantee agreements and hypothecation deeds from the partners of a reconstituted firm in respect of an existing loan, it constitutes a novation of the contract. Such a substitution of the contract serves to extinguish the liability of the outgoing or retired partners under the original agreements. Karnataka High Court.
Indian Contract Act. When a creditor accepts new guarantee agreements and hypothecation deeds from the partners of a reconstituted firm in respect of an existing loan, it constitutes a novation of the contract. Such a substitution of the contract serves to extinguish the liability of the outgoing or retired partners under the original agreements. Karnataka High Court.
  • 21-February-2026
  • Daksha Legal
Judgement
Statutory authority like BDA has no power to unilaterally cancel or ignore a registered sale deed executed by it, even on the grounds that the allotment was made in violation of its Rules. To cancel a registered instrument, the BDA must initiate appropriate proceedings before a competent Civil Court under the Specific Relief Act, rather than issuing administrative endorsements to dispossess long-standing owners. Karnataka High Court.
Statutory authority like BDA has no power to unilaterally cancel or ignore a registered sale deed executed by it, even on the grounds that the allotment was made in violation of its Rules. To cancel a registered instrument, the BDA must initiate appropriate proceedings before a competent Civil Court under the Specific Relief Act, rather than issuing administrative endorsements to dispossess long-standing owners. Karnataka High Court.
  • 20-February-2026
  • Daksha Legal
Judgement
The amendments to the CPC brought about by the enactment of the Commercial Courts Act empower the Court to decree or dismiss a suit where it is demonstrated that the plaintiff has no real prospect of success, or that the defendant has no real prospect of effectively defending the claim. In such circumstances, recourse to rejection of the plaint cannot be resorted to. Karnataka High Court.
The amendments to the CPC brought about by the enactment of the Commercial Courts Act empower the Court to decree or dismiss a suit where it is demonstrated that the plaintiff has no real prospect of success, or that the defendant has no real prospect of effectively defending the claim. In such circumstances, recourse to rejection of the plaint cannot be resorted to. Karnataka High Court.
  • 20-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