In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453
In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453
  • 03-July-2026
  • Daksha Legal
Judgement
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.
  • 04-July-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
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.
  • 04-July-2026
  • Daksha Legal
Judgement
Karnataka Stamp Act. Power conferred upon the Chief Controlling Revenue Authority to recover deficit stamp duty cannot be exercised beyond the statutory period of five years unless the non-payment of stamp duty is attributable to fraud, collusion etc. Writ Petition is maintainable despite the appellate/revision remedy when the demand is without jurisdiction. Karnataka High Court.
Karnataka Stamp Act. Power conferred upon the Chief Controlling Revenue Authority to recover deficit stamp duty cannot be exercised beyond the statutory period of five years unless the non-payment of stamp duty is attributable to fraud, collusion etc. Writ Petition is maintainable despite the appellate/revision remedy when the demand is without jurisdiction. Karnataka High Court.
  • 04-July-2026
  • Daksha Legal
Judgement
Rejection of plaint. Where only a part of the plaint is to be rejected, an Application under Order VI Rule 16 of the CPC is maintainable to strike out the pleadings which are otherwise unnecessary or abuse of the process of the Court. Karnataka High Court. 2026 Daksha Legal Kar 453
Rejection of plaint. Where only a part of the plaint is to be rejected, an Application under Order VI Rule 16 of the CPC is maintainable to strike out the pleadings which are otherwise unnecessary or abuse of the process of the Court. Karnataka High Court. 2026 Daksha Legal Kar 453
  • 02-July-2026
  • Daksha Legal
Judgement
Karnataka Land Revenue Act. Power to cancel grant must be exercised within a reasonable timeframe. Selective, belated enforcement targetting a single grantee while leaving similarly situated co-grantees undisturbed demonstrates a clear administrative bias, rendering such cancellation orders completely unsustainable. Karnataka High Court.
Karnataka Land Revenue Act. Power to cancel grant must be exercised within a reasonable timeframe. Selective, belated enforcement targetting a single grantee while leaving similarly situated co-grantees undisturbed demonstrates a clear administrative bias, rendering such cancellation orders completely unsustainable. Karnataka High Court.
  • 03-July-2026
  • Daksha Legal
Judgement
UAPA. Clandestine funding of extremism is one of the gravest threats to National security in the present times. Courts must be circumspect in stifling investigations into allegations of economic subversion affecting national security. In such cases, investigation is not merely permissible but imperative. Karnataka High Court.
UAPA. Clandestine funding of extremism is one of the gravest threats to National security in the present times. Courts must be circumspect in stifling investigations into allegations of economic subversion affecting national security. In such cases, investigation is not merely permissible but imperative. Karnataka High Court.
  • 02-July-2026
  • Daksha Legal
Judgement
An application under Section 152 CPC to correct an accidental omission in a preliminary decree cannot be rejected solely on the ground of delay when the underlying property rights were actively litigated, put in issue, and answered in favour of the applicant during adjudication. The Court must rectify its ministerial error to ensure the decree conforms to the judgment. Karnataka High Court.
An application under Section 152 CPC to correct an accidental omission in a preliminary decree cannot be rejected solely on the ground of delay when the underlying property rights were actively litigated, put in issue, and answered in favour of the applicant during adjudication. The Court must rectify its ministerial error to ensure the decree conforms to the judgment. Karnataka High Court.
  • 03-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