Test. Imprisonment imposed in default of a fine or compensation under Section 138 of the Negotiable Instruments Act is a regulatory and coercive mechanism to compel monetary compliance, not a substantive criminal punishment. Under Section 65 of the IPC (now Section 8(3) of the BNS), a default sentence is strictly capped at one-fourth of the maximum penal term. Where a convict faces a mathematically compounding, unconscionably long, and disproportionate cumulative default term due to proven financial incapacity arising out of a single transactions-set, the High Court may exercise its inherent powers under Section 528 of the BNSS to reduce or equalize the remaining default sentences to the period of custody already undergone, provided that the underlying pecuniary liability remains independently enforceable via state asset-recovery procedures. Karnataka High Court.
Test. Imprisonment imposed in default of a fine or compensation under Section 138 of the Negotiable Instruments Act is a regulatory and coercive mechanism to compel monetary compliance, not a substantive criminal punishment. Under Section 65 of the IPC (now Section 8(3) of the BNS), a default sentence is strictly capped at one-fourth of the maximum penal term. Where a convict faces a mathematically compounding, unconscionably long, and disproportionate cumulative default term due to proven financial incapacity arising out of a single transactions-set, the High Court may exercise its inherent powers under Section 528 of the BNSS to reduce or equalize the remaining default sentences to the period of custody already undergone, provided that the underlying pecuniary liability remains independently enforceable via state asset-recovery procedures. Karnataka High Court.
  • 16-June-2026
  • Daksha Legal
Judgement
Appreciation of evidence. Title of a document is immaterial. The Courts must examine the contents and the intention of the parties which can be gathered from the circumstances under which document was entered and the language used by the parties. Karnataka High Court.
Appreciation of evidence. Title of a document is immaterial. The Courts must examine the contents and the intention of the parties which can be gathered from the circumstances under which document was entered and the language used by the parties. Karnataka High Court.
  • 16-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
A Court conducting final decree proceedings has jurisdiction to re-determine or vary the shares of the parties in a manner contrary to the shares declared and crystallized under the preliminary decree. A legislative amendment or a subsequent event affecting the entitlement of the parties can be taken note of by the executing court to re-determine the shares notwithstanding the shares declared under the preliminary decree. Karnataka High Court.
A Court conducting final decree proceedings has jurisdiction to re-determine or vary the shares of the parties in a manner contrary to the shares declared and crystallized under the preliminary decree. A legislative amendment or a subsequent event affecting the entitlement of the parties can be taken note of by the executing court to re-determine the shares notwithstanding the shares declared under the preliminary decree. Karnataka High Court.
  • 16-June-2026
  • Daksha Legal
Judgement
In child custody and visitation disputes involving allegations of child sexual abuse, the child’s welfare, dignity, and psychological safety are paramount. Courts must avoid unnecessary psychological evaluations that may re-traumatise the child. Supreme Court.
In child custody and visitation disputes involving allegations of child sexual abuse, the child’s welfare, dignity, and psychological safety are paramount. Courts must avoid unnecessary psychological evaluations that may re-traumatise the child. Supreme Court.
  • 12-June-2026
  • Daksha Legal
Judgement
A decree attached to a property enures to the benefit of the purchaser of that property. A decree directing the BBMP to allot an alternate site can be executed by the purchaser of the site. 2026 Daksha Legal Kar 238-247
A decree attached to a property enures to the benefit of the purchaser of that property. A decree directing the BBMP to allot an alternate site can be executed by the purchaser of the site. 2026 Daksha Legal Kar 238-247
  • 13-June-2026
  • Daksha Legal
Judgement
Compassionate Appointment. The State cannot refuse or defer a claim unless such action is supported by a specific provision of the applicable rules that is relevant to the relief sought. Any such decision must also satisfy the constitutional mandate of non-arbitrariness under Article 14 of the Constitution. Supreme Court.
Compassionate Appointment. The State cannot refuse or defer a claim unless such action is supported by a specific provision of the applicable rules that is relevant to the relief sought. Any such decision must also satisfy the constitutional mandate of non-arbitrariness under Article 14 of the Constitution. Supreme Court.
  • 12-June-2026
  • Daksha Legal
Judgement
Service Law. A procedural defect in the final approval stage of recruitment, not involving fraud, illegality in selection, or ineligibility of candidates, is a curable irregularity and does not automatically render appointments void. Employees who are not responsible for such defects should not suffer removal after long years of service solely because of administrative lapses committed by authorities. Supreme Court.
Service Law. A procedural defect in the final approval stage of recruitment, not involving fraud, illegality in selection, or ineligibility of candidates, is a curable irregularity and does not automatically render appointments void. Employees who are not responsible for such defects should not suffer removal after long years of service solely because of administrative lapses committed by authorities. Supreme Court.
  • 12-June-2026
  • Daksha Legal
Judgement
An Executing Court has no authority to ignore decree for specific performance of sale agreement on the ground that the decree violates SC/ST (PTCL) Act. Karnataka High Court.
An Executing Court has no authority to ignore decree for specific performance of sale agreement on the ground that the decree violates SC/ST (PTCL) Act. Karnataka High Court.
  • 12-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