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Daksha Legal
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2026
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Judgements
‘’Public health is a matter of constitutional importance’’. Front-of-Package Warning Labelling regulations shall be enforced to safeguard the collective health and well-being of all persons, especially growing children in India. Supreme Court directs FSSAI/Union Government to provide further scientific and regulatory clarification.
11-September-2026
Daksha Legal
Criminal Law. Where the accused had a full opportunity to defend himself against a charge under Section 3 of the POCSO Act, which is substantially akin to the offence under Section 376 IPC, failure of the prosecution to prove that the victim was a minor does not preclude conviction under Section 376 IPC. Supreme Court. 2026 Daksha Legal SC 555.
11-September-2026
Daksha Legal
Revenue records may prove possession but do not by themselves establish title, and mere long possession cannot mature into adverse possession without a clear and hostile assertion of ownership. Supreme Court
11-September-2026
Daksha Legal
Criminal Law. Where extradition is subject to a sovereign assurance that the accused would not be imprisoned beyond 25 years, such assurance does not convert the sentence of life imprisonment into a fixed term of 25 years. Consequently, jail-earned remission cannot be added to the period of actual incarceration to advance the date of release; the 25-year limit operates independently as a consequence of the sovereign assurance. Supreme Court
11-September-2026
Daksha Legal
Compulsory retirement vitiated by manifest arbitrariness and malafides. Supreme Court orders bidding farewell to the officer with full honour apart from awarding continuity of service, seniority, pay and allowances and the notional promotion.
10-September-2026
Daksha Legal
Order XIV CPC. Failure to frame a specific/separate issue does not vitiate a judgment when the parties were fully aware of the lis between them, led their evidence and produced documents on the contentions raised in respective pleadings. Karnataka High Court.
10-September-2026
Daksha Legal
Extension of lease means continuation of the existing lease, whereas renewal creates a new lease. A statutory extension of a mining lease requires no supplementary deed; hence, the State cannot deprive the leaseholder of the right to carry on mining during the statutorily extended period. Karnataka High Court.
10-September-2026
Daksha Legal
Contract. A non obstante clause cannot be read in isolation to obliterate other contractual terms; it overrides them only to the extent of an irreconcilable conflict. Where the clauses can be harmoniously construed, effect must be given to the contract as a whole and the commercial understanding of the parties. Karnataka High Court.
10-September-2026
Daksha Legal
Service Law. Though compulsory retirement in public interest is non-punitive, the power remains subject to judicial scrutiny as a public power on the touchstone of manifest arbitrariness, perversity or mala fides. Compulsory retirement cannot be used as a backdoor disciplinary measure to circumvent the safeguards of Article 311 of the Constitution. Supreme Court
10-September-2026
Daksha Legal
Partnership Act. ‘Partnership at will’. A partnership is not ‘’at will’’ where the contract provides a specific mode for its determination. On dissolution, firm assets must first discharge its debts and liabilities, with the surplus distributed among the partners according to their rights. Supreme Court
10-September-2026
Daksha Legal
Arbitration and Conciliation Act. Where interconnected agreements form one composite transaction and the contract expressly incorporates the related documents, an arbitration clause in the principal agreement binds a non-signatory guarantor under Section 7(5). Supreme Court. 2026 Daksha Legal SC 546.
10-September-2026
Daksha Legal
Power of Court to inspect under Order XVIII Rule 18 CPC cannot be converted into an unofficial investigation by making enquiries from persons at the spot regarding the rights of the parties or by relying upon extra-judicial information gathered during such inspection. Karnataka High Court. 2026 Daksha Legal Kar 1202.
09-September-2026
Daksha Legal
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