The principle under Order VII Rule 13 CPC that rejection of the plaint does not preclude the plaintiff from preventing a fresh plaint in respect of the same cause of action does not apply when the plaint is rejected as barred under a statute. Supreme Court.
The principle under Order VII Rule 13 CPC that rejection of the plaint does not preclude the plaintiff from preventing a fresh plaint in respect of the same cause of action does not apply when the plaint is rejected as barred under a statute. Supreme Court.
  • 22-June-2026
  • Daksha Legal
Judgement
Rejection of plaint. An application under Order VII Rule 11 can be filed at any stage of the suit. When a suit is barred under a statute such as Prohibition of Benami Property Transactions Act, the Court has no discretion in rejecting the plaint. Supreme Court.
Rejection of plaint. An application under Order VII Rule 11 can be filed at any stage of the suit. When a suit is barred under a statute such as Prohibition of Benami Property Transactions Act, the Court has no discretion in rejecting the plaint. Supreme Court.
  • 22-June-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
Murderer being disqualified from inheriting the property of the person murdered. Bar under Section 25 of the Hindu Succession Act extends even to claims founded on testamentary succession under a Will. Supreme Court.
Murderer being disqualified from inheriting the property of the person murdered. Bar under Section 25 of the Hindu Succession Act extends even to claims founded on testamentary succession under a Will. Supreme Court.
  • 22-June-2026
  • Daksha Legal
Judgement
Adverse Possession. Possession that originates under an agreement of sale or any other permissive or derivative arrangement cannot ripen into adverse possession unless the occupant clearly, unequivocally, and hostilely repudiates the true owner's title, and such repudiation is brought to the owner's knowledge. Karnataka High Court.
Adverse Possession. Possession that originates under an agreement of sale or any other permissive or derivative arrangement cannot ripen into adverse possession unless the occupant clearly, unequivocally, and hostilely repudiates the true owner's title, and such repudiation is brought to the owner's knowledge. Karnataka High Court.
  • 23-June-2026
  • Daksha Legal
Judgement
A registered sale deed carries presumptive legal value. If a vendor wishes to dispute the execution or validity of a registered sale deed, they must challenge it through appropriate proceedings in accordance with law. In the absence of such a legal challenge, the registered sale deed remains valid and binding, completely disabling the vendor from dealing with the property further. Karnataka High Court.
A registered sale deed carries presumptive legal value. If a vendor wishes to dispute the execution or validity of a registered sale deed, they must challenge it through appropriate proceedings in accordance with law. In the absence of such a legal challenge, the registered sale deed remains valid and binding, completely disabling the vendor from dealing with the property further. Karnataka High Court.
  • 23-June-2026
  • Daksha Legal
Judgement
Prevention of Money Laundering Act. In the absence of an FIR or a complaint before the Magistrate, the Directorate of Enforcement cannot pass an attachment order. Invocation of the first proviso to Section 5(1) requires independent reasons to believe, based on objective material, that immediate attachment is necessary to prevent frustration of the proceedings. Failure to comply with these requirements vitiates the attachment order. Karnataka High Court. 2026 Daksha Legal Kar 341-355
Prevention of Money Laundering Act. In the absence of an FIR or a complaint before the Magistrate, the Directorate of Enforcement cannot pass an attachment order. Invocation of the first proviso to Section 5(1) requires independent reasons to believe, based on objective material, that immediate attachment is necessary to prevent frustration of the proceedings. Failure to comply with these requirements vitiates the attachment order. Karnataka High Court. 2026 Daksha Legal Kar 341-355
  • 21-June-2026
  • Daksha Legal
Judgement
Writ Jurisdiction. A writ petition is maintainable against an illegal attachment order passed under the Prevention of Money Laundering Act. The existence of an alternative statutory remedy does not bar the exercise of writ jurisdiction where the impugned action is ex facie illegal or without jurisdiction. Karnataka High Court. 2026 Daksha Legal Kar 341-355
Writ Jurisdiction. A writ petition is maintainable against an illegal attachment order passed under the Prevention of Money Laundering Act. The existence of an alternative statutory remedy does not bar the exercise of writ jurisdiction where the impugned action is ex facie illegal or without jurisdiction. Karnataka High Court. 2026 Daksha Legal Kar 341-355
  • 21-June-2026
  • Daksha Legal
Judgement
Prohibition of Benami Property Transactions Act. The 2016 amendments, insofar as they are declaratory, procedural, curative and machinery-oriented, operate retrospectively / retroactively, while penal provisions creating new offences or enhancing punishment to operate only prospectively. Supreme Court.
Prohibition of Benami Property Transactions Act. The 2016 amendments, insofar as they are declaratory, procedural, curative and machinery-oriented, operate retrospectively / retroactively, while penal provisions creating new offences or enhancing punishment to operate only prospectively. Supreme Court.
  • 21-June-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