• 

  Industrial Disputes Act. An apprentice appointed under a company scheme is a ‘workman’. The muster roll, wage register, and the management’s admission of ESI contributions establish the status and the purported apprenticeship merely a camouflage cannot deny such workman the benefits of permanent employment. Madras High Court.

  • 31-January-2026
  • Daksha Legal
• 

  Negotiable Instruments Act. The statutory presumption under Section 139 is not absolute and can be rebutted by the accused through a preponderance of probabilities. Referred. A conviction under Section 138 cannot be sustained if the 'legally recoverable debt' is disproven by showing the transaction did not reach its logical conclusion. Karnataka High Court.

  • 31-January-2026
  • Daksha Legal
• 

  The five-year term of a Municipality prescribed under Article 243U(1) of the Constitution of India is an absolute and fixed duration that commences from the date of the first meeting and cannot be extended for any reason. Any period during which an Administrator is appointed, delay in fixing reservations, or administrative exigencies cannot be excluded from this term. Karnataka High Court.

  • 31-January-2026
  • Daksha Legal
• 

  Mohammedan Law. ‘A living person has no heir’. Partition of property among heirs is only possible upon the death of the owner. A living person cannot effect a ‘partition’ of his property with his heirs, as no one is an heir to a living person. Karnataka High Court.

  • 30-January-2026
  • Daksha Legal
• 

  Motor Vehicles Act. A person who borrows a motor vehicle and meets with an accident steps into the shoes of the owner and cannot be treated as a ‘third party’. A claim under Section 163-A of the Act by the borrower’s legal heirs against the insurer is not maintainable. The insurer’s liability is limited only to the Personal Accident cover under the insurance policy. Karnataka High Court.

  • 30-January-2026
  • Daksha Legal
• 

  Civil Procedure Code. Section 10, which mandates the stay of a subsequent suit, does not apply to proceedings before a Labour Court or Industrial Tribunal since these forums are not Civil Courts of concurrent jurisdiction. Industrial Disputes Act is a self-contained code that prioritizes the expeditious adjudication of claims over procedural stays typical of civil litigation. Karnataka High Court.

  • 30-January-2026
  • Daksha Legal
• 

  Mere pendency of a judicial proceeding before a Court does not, by itself, grant administrative or statutory authorities the right to withhold consideration of applications or representations. Unless a competent court has issued a specific order of stay or restraint, authorities are obligated to discharge their duties and pass timely, reasoned orders on matters pending before them. Karnataka High Court.

  • 30-January-2026
  • Daksha Legal
• 

  Karnataka High Court calls upon the State to strictly enforce laws against unauthorised banners and flexes. Deplores official indifference to their proliferation in public spaces.

  • 28-January-2026
  • Daksha Legal
• 

  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not apply to acquisitions under special statutes such as Bangalore Development Authority Act, since the BDA Act is a self-contained Code for planned development and does not adapt the 2013, Act by reference. Karnataka High Court.

  • 28-January-2026
  • Daksha Legal
• 

  Karnataka Court Fees and Suits Valuation Act. In a suit for declaration and possession involving agricultural land, the market value for the purpose of calculating Court fees must be determined solely as 25 times the annual land revenue as prescribed by the deeming provision in Section 7(2) of the Act. Karnataka High Court.

  • 29-January-2026
  • Daksha Legal
• 

  Bangalore Development Authority Act. An acquisition can be declared abandoned in fact and unenforceable in law if the authority fails to tender compensation and take physical possession over several decades. The acquisition though not automatically lapsed under Section 24(2), stands abandoned in fact and unenforceable in law. Karnataka High Court.

  • 29-January-2026
  • Daksha Legal
• 

  When a public servant performs lawful duties, no individual can claim license to intimidate or abuse such public servant for mere discharge of public functions. Karnataka High Court rejects the petition of a politician booked for the abusing woman officer on duty.

  • 29-January-2026
  • Daksha Legal