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  Courts are enduring pillars of the justice delivery system, transcending the temporary roles of judges, advocates and staff. The dignity, credibility and supremacy of the judicial institution must be preserved, and every citizen owes a duty to uphold its sanctity. Supreme Court

  • 11-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if the interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. Delhi High Court.

  • 08-May-2026
  • Daksha Legal
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  Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Order VIII Rule 1 CPC. Extension of time to file Written Statement beyond the prescribed period can be granted only in exceptional cases upon showing cogent and bona fide reasons. Mere change of Advocate or negligence cannot justify condonation of enormous delay, as it defeats the legislative object of expeditious disposal of civil suits. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. A driving licence covers ‘class of vehicle’ and not ‘specific type’. Light Motor Vehicle includes transport vehicles falling within that class and a person holding a valid LMV licence is legally competent to drive such transport vehicles and no separate transport endorsement is necessary. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. In appeals arising out of awards passed under the Act, the Court is required to apply and examine the law prevailing as on the date of consideration of the appeal. The determination of compensation must be made in accordance with the contemporaneous legal position governing the field. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if such interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. (Ref). Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Preventive detention. Failure to specifically state the grounds of detention in the Detention Order vitiates the exercise of preventive detention. Preventive detention cannot be invoked merely on the existence of pending criminal cases, particularly when the allegations are capable of being effectively addressed under the ordinary criminal law. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal