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
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
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
Hindu Succession Act. Disqualification under Section 25 of a murderer does not depend upon a criminal conviction. Being a civil consequence imposed on a wrongdoer, the issue may be determined on the basis of preponderance of probabilities, independent of the stricter standard of proof required in criminal proceedings. Supreme Court
Hindu Succession Act. Disqualification under Section 25 of a murderer does not depend upon a criminal conviction. Being a civil consequence imposed on a wrongdoer, the issue may be determined on the basis of preponderance of probabilities, independent of the stricter standard of proof required in criminal proceedings. Supreme Court
  • 20-June-2026
  • Daksha Legal
Judgement
Service Law. An employee who is denied fair consideration for promotion due to the non-communication of ACRs and the destruction of service records is entitled to notional promotion and consequential pensionary benefits. The principle of ‘’no work, no pay’’ cannot be applied in such cases. Supreme Court.
Service Law. An employee who is denied fair consideration for promotion due to the non-communication of ACRs and the destruction of service records is entitled to notional promotion and consequential pensionary benefits. The principle of ‘’no work, no pay’’ cannot be applied in such cases. Supreme Court.
  • 19-June-2026
  • Daksha Legal
Judgement
Bharatiya Nagarik Suraksha Sanhita. Section 173(3). While a citizen is legally obligated to appear and cooperate with a statutory pre-FIR preliminary inquiry, the police cannot resort to any coercive measures against the summoned individual unless and until a formal opinion is recorded that the collected material discloses a cognizable offence requiring an FIR. Karnataka High Court.
Bharatiya Nagarik Suraksha Sanhita. Section 173(3). While a citizen is legally obligated to appear and cooperate with a statutory pre-FIR preliminary inquiry, the police cannot resort to any coercive measures against the summoned individual unless and until a formal opinion is recorded that the collected material discloses a cognizable offence requiring an FIR. Karnataka High Court.
  • 19-June-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. Mere filing of a police charge sheet against a driver is insufficient to automatically prove the occurrence of an accident or the involvement of a specific vehicle. Tribunals are constituted not only to allow the claim petitions which are genuine in nature but at the same time the great responsibility on the part of the claims Tribunal to ensure that no false claims are allowed. Karnataka High Court.
Motor Vehicles Act. Mere filing of a police charge sheet against a driver is insufficient to automatically prove the occurrence of an accident or the involvement of a specific vehicle. Tribunals are constituted not only to allow the claim petitions which are genuine in nature but at the same time the great responsibility on the part of the claims Tribunal to ensure that no false claims are allowed. Karnataka High Court.
  • 19-June-2026
  • Daksha Legal
Judgement
Personal Liberty. Where an ECIR under the PMLA is stayed by a competent Court due to the closure or non-survival of the underlying predicate offense, the Enforcement Directorate cannot circumvent or overreach that judicial stay by using materials collected during the stayed investigation to trigger an immediate arrest under a newly registered ECIR based on subsequent, identical nature FIRs. Karnataka High Court.
Personal Liberty. Where an ECIR under the PMLA is stayed by a competent Court due to the closure or non-survival of the underlying predicate offense, the Enforcement Directorate cannot circumvent or overreach that judicial stay by using materials collected during the stayed investigation to trigger an immediate arrest under a newly registered ECIR based on subsequent, identical nature FIRs. Karnataka High Court.
  • 19-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