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  Motor Vehicles Act. Where CCTV footage directly shows the sequence of events without any ambiguity and is backed by the original device on which it was recorded, the Tribunal must admit the evidence as primary evidence. Karnataka High Court.

  • 15-October-2026
  • Daksha Legal
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  Mere use of abusive language does not constitute intentional insult unless intended or likely to provoke a breach of peace. Vague threats of ‘dire consequences’, without a specific threat and the requisite intent to cause alarm, do not constitute criminal intimidation. Where such allegations arise from a civil dispute and fail to disclose the essential ingredients of criminal offences, proceedings are liable to be quashed under Section 528 BNSS. Karnataka High Court.

  • 15-October-2026
  • Daksha Legal
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  Service Law. Mere absence from duty without prior sanction does not automatically constitute willful misconduct or warrant dismissal unless the disciplinary authority establishes that the absence was deliberate, intentional, or lacking compelling circumstances. Karnataka High Court.

  • 15-October-2026
  • Daksha Legal
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  Criminal Law – Cheating and Forgery. Mere furnishing of an incorrect date of death in a certificate issued by a competent statutory authority does not constitute cheating or forgery under Sections 420 and 465 IPC, particularly when the discrepancy is minor, subsequently corrected, and there is no allegation of fraudulent intent or use of the certificate to obtain any benefit. Supreme Court.

  • 14-October-2026
  • Daksha Legal
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  Writ Jurisdiction. A court cannot impose financial or administrative liability on the State without formally impleading it as a necessary party. Mere impleadment of an officer or a department, without formally arraying the State as a juristic entity under Article 300 of the Constitution, renders the petition fundamentally defective. Supreme Court.

  • 14-October-2026
  • Daksha Legal
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  Bangalore Development Authority cannot unilaterally demand betterment tax without complying with the procedure under Section 21 of the BDA Act, which mandates prior written notice, an opportunity to submit objections and be heard, and reference to the District Court for determination where the assessed amount is disputed, instead of directly demanding payment. Karnataka High Court.

  • 14-October-2026
  • Daksha Legal
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  Amendment of pleadings after commencement of the trial. Mere delay in seeking amendment is not, by itself, a ground for rejection. Subsequent discovery of relevant proceedings may justify such amendment. The decisive test is whether the proposed amendment introduces a distinct and independent controversy or merely incorporates additional facts and consequential reliefs directly connected with the existing cause of action. Supreme Court.

  • 13-October-2026
  • Daksha Legal
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  Arbitration and Conciliation Act – Juridical Seat and Venue. Where an arbitration agreement specifies two different places for arbitration, neither place can automatically be treated as the juridical seat. The seat must be determined by a harmonious reading of the entire agreement, including the governing law and exclusive jurisdiction clauses, to ascertain the parties’ true intention. Supreme Court.

  • 13-October-2026
  • Daksha Legal
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  Tender. 'Rigid adherence to the letter of a document cannot be countenanced, especially when there is a clear impossibility in compliance of the same'. A bid cannot be rejected merely for failure to produce a physical original of bid security when electronic payment has already transferred the funds to the authority and the prescribed physical form is inapplicable. Supreme Court.

  • 13-October-2026
  • Daksha Legal
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  ‘’Treating unequals as equals violates the constitutional principle of proportional equality’’. Reservation exceeding the prescribed ceiling of 50% in educational institutions and public employment, in the absence of constitutionally permissible exceptional circumstances, is impermissible. Karnataka High Court strikes down the State legislation providing reservation beyond the 50% ceiling.

  • 13-October-2026
  • Daksha Legal
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  Suit for Declaration of Title and Injunction. Where the plaintiff establishes title but fails to prove possession, and the defendant proves possession but fails to establish adverse possession, the Court may mould the relief by granting a declaration of title and recovery of possession, as the defendant has no sustainable defence against such relief. Karnataka High Court.

  • 12-October-2026
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Irrespective of whether the non-alienation period has expired, obtaining prior permission of the Government under Section 4(2) of the Act is a mandatory to transfer granted land. Further, a Tahsildar has no power to issue a ‘No Objection Certificate’ permitting sale of the granted lands. Karnataka High Court.

  • 13-October-2026
  • Daksha Legal