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  Negotiable Instruments Act. In exercise of its revisional jurisdiction, the High Court cannot reappreciate evidence as though sitting in appeal and overturn concurrent convictions under Section 138, unless the findings suffer from manifest perversity, patent illegality, or a glaring error. Supreme Court.

  • 08-August-2026
  • Daksha Legal
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  Order XVIII Rule 17 CPC. The court should not allow the provision to become a handy tool for a party to the suit proceedings to prolong the litigation. The provision cannot be invoked on the spacious ground that recalling the witness or reopening the evidence would not prejudice the other side. Supreme Court.

  • 08-August-2026
  • Daksha Legal
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  Stamp duty on an agreement to sell with possession, as if it were a conveyance, is leviable only where possession is delivered pursuant to the agreement. Where the purchaser was already in possession as a tenant and the tenancy was not surrendered, stamp duty equivalent to a conveyance is not payable. Supreme Court.

  • 08-August-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. A non-signatory to an arbitration agreement can be treated as a ‘’veritable party’’ where his legal relationship, conduct, participation in performance, and obligations form an integral part of a composite transaction and demonstrate an intention to be bound by the arbitration agreement. Supreme Court.

  • 08-August-2026
  • Daksha Legal
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  Precedents. The law declared by a Court will have a retrospective effect if not otherwise stated to be so specifically. Supreme Court.

  • 06-August-2026
  • Daksha Legal
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  Prevention of Money Laundering Act. A writ petition under Article 226 read with Section 482 Cr.P.C. is maintainable to challenge the legality of an ECIR and all consequential proceedings. An ECIR is amenable to judicial review notwithstanding its description as an ‘’internal administrative document’’, as it forms the basis for coercive measures such as search, seizure, attachment, and deprivation of personal liberty. Karnataka High Court. 2026 Daksha Legal Kar 943

  • 05-August-2026
  • Daksha Legal
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  Negotiable Instruments Act. Failure to reply to the statutory notice under Section 138 gives rise to an adverse inference against the accused. Unless the accused specifically pleads in the reply notice that the complainant lacked the financial capacity to advance the loan, the complainant cannot be expected to adduce evidence establishing such financial capacity. Supreme Court.

  • 07-August-2026
  • Daksha Legal
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  Karnataka Land Reforms Rules. Any quasi-judicial order passed by the Land Tribunal must be signed by the Chairman and all the members who participated in hearing the matter. The omission or failure of even a single member who heard the case to append their signature to the final order goes to the root of the jurisdiction and renders the order a nullity and void ab initio. Karnataka High Court.

  • 06-August-2026
  • Daksha Legal
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  Plaintiff can seek specific performance by amending the plaint, even where the suit was originally filed for refund of the sale consideration. Where the plaint already contains all the material facts and discloses a complete cause of action for specific performance of an agreement to sell, omission of the specific relief prayer due to counsel's oversight or erroneous legal advice is a curable procedural defect. Karnataka High Court.

  • 06-August-2026
  • Daksha Legal
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  Urban Planning. Land earmarked for widening of roads under the Master Plan stands on an entirely different footing from roads forming part of an internal layout. Planning Authority cannot demand surrender of land for road widening without compensation. Karnataka High Court. 2026 Daksha Legal Kar 913.

  • 05-August-2026
  • Daksha Legal
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  Section 498A Cr.P.C applies ‘’live-in relationships in the nature of marriage'' between two consenting adult individuals. The safeguards against arrest and other factors as laid down in Arnesh Kumar shall be strictly applied and no person accused of committing cruelty against a woman, being either the live-in partner ‘’in the nature of marriage’’ or his relative, shall be arrested without preliminary enquiries. Supreme Court.

  • 04-August-2026
  • Daksha Legal
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  ''U kinda look so hot in light coloured clothes.'' A solitary compliment made to a girl, without any further aggravating conduct, does not constitute the offences of voyeurism, stalking, or insulting the modesty of a woman. Mere youthful vocabulary, by itself, cannot attract criminal prosecution in the absence of the essential ingredients of the alleged offence. Karnataka High Court.

  • 03-August-2026
  • Daksha Legal