Charges recovered by Banks for non-maintenance of Minimum Average Balance, which are in the nature of penalty for breach of a contractual condition and not consideration for any service rendered, cannot be subjected to Service Tax under the Finance Act. Karnataka High Court.
Charges recovered by Banks for non-maintenance of Minimum Average Balance, which are in the nature of penalty for breach of a contractual condition and not consideration for any service rendered, cannot be subjected to Service Tax under the Finance Act. Karnataka High Court.
  • 01-September-2026
  • Daksha Legal
Judgement
‘’Elephant corridors constitute critical ecological linkages. Housing is not the only requirement for human existence. Ecology, wildlife, forest, water streams etc., all are equally important for human existence’’. Karnataka High Court quashes the housing project undertaken by the Karnataka Housing Board.
‘’Elephant corridors constitute critical ecological linkages. Housing is not the only requirement for human existence. Ecology, wildlife, forest, water streams etc., all are equally important for human existence’’. Karnataka High Court quashes the housing project undertaken by the Karnataka Housing Board.
  • 31-August-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
Arbitration and Conciliation Act. Interim orders protecting the subject matter of arbitration may be passed against a stranger. A person who voluntarily intervenes in the proceedings but fails to prima facie establish an independent right, title or interest cannot wriggle out of the binding nature of preventive orders that may be granted to preserve the subject matter of the arbitration. Karnataka High Court
Arbitration and Conciliation Act. Interim orders protecting the subject matter of arbitration may be passed against a stranger. A person who voluntarily intervenes in the proceedings but fails to prima facie establish an independent right, title or interest cannot wriggle out of the binding nature of preventive orders that may be granted to preserve the subject matter of the arbitration. Karnataka High Court
  • 31-August-2026
  • Daksha Legal
Judgement
Where the prosecution fails to prove the victim’s minority under the POCSO Act, the accused cannot be convicted of rape in the absence of a specific charge for that offence. Karnataka High Court issues guidelines for the Judicial Officers conducting criminal trials
Where the prosecution fails to prove the victim’s minority under the POCSO Act, the accused cannot be convicted of rape in the absence of a specific charge for that offence. Karnataka High Court issues guidelines for the Judicial Officers conducting criminal trials
  • 31-August-2026
  • Daksha Legal
Judgement
Criminal Trespass. Mere entry upon land over which rival claims are asserted does not constitute criminal trespass unless accompanied by the requisite criminal intent. A person entering property under a claim of right founded on a registered sale deed cannot be accused of criminal trespass. Karnataka High Court. 2026 Daksha Legal Kar 1122
Criminal Trespass. Mere entry upon land over which rival claims are asserted does not constitute criminal trespass unless accompanied by the requisite criminal intent. A person entering property under a claim of right founded on a registered sale deed cannot be accused of criminal trespass. Karnataka High Court. 2026 Daksha Legal Kar 1122
  • 31-August-2026
  • Daksha Legal
Judgement
CCTV footage collected during investigation and forming part of the prosecution’s own record can be considered under Section 482 CrPC. Where such footage is admitted, unrefuted and of unimpeachable provenance and reliability, and demonstrably negates the accused’s participation in the alleged offence, it cannot be lightly brushed aside. Supreme Court. 2026 Daksha Legal SC 462
CCTV footage collected during investigation and forming part of the prosecution’s own record can be considered under Section 482 CrPC. Where such footage is admitted, unrefuted and of unimpeachable provenance and reliability, and demonstrably negates the accused’s participation in the alleged offence, it cannot be lightly brushed aside. Supreme Court. 2026 Daksha Legal SC 462
  • 31-August-2026
  • Daksha Legal
Judgement
Criminal Law. Mere use of the word ‘bastard’, by itself, is not sufficient to invoke Section 294(b) Indian Penal Code since such words are commonly used in modern era during heated conversations. Supreme Court.
Criminal Law. Mere use of the word ‘bastard’, by itself, is not sufficient to invoke Section 294(b) Indian Penal Code since such words are commonly used in modern era during heated conversations. Supreme Court.
  • 28-August-2026
  • Daksha Legal
Judgement
Motor Vehicles Act. ‘’Pay and Recover’’ principle cannot be applied to direct an insurer to pay compensation where the tortfeasor owner-rider is the claimants' father and husband of the deceased. Karnataka High Court.
Motor Vehicles Act. ‘’Pay and Recover’’ principle cannot be applied to direct an insurer to pay compensation where the tortfeasor owner-rider is the claimants' father and husband of the deceased. Karnataka High Court.
  • 28-August-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