Judgements

A court should not vacate an interim injunction at the instance of only some defendants when notices to the remaining defendants are yet to be served. Interim protection should not be dismantled in a piecemeal manner, as it may expose the property to alienation by unserved defendants. Karnataka High Court. 2026 Daksha Legal Kar 450

30-June-2026

Daksha Legal
Negotiable Instruments Act. Once a company is ordered to be wound up and an Official Liquidator is appointed, no legal proceedings of any kind, including the proceedings under the NI Act, can be initiated or continued against the company or its management without explicit leave from the court/tribunal. Karnataka High Court. 2026 Daksha Legal Kar 429

01-July-2026

Daksha Legal
Karnataka Amendment Act to CPC which limits the extension for presenting a written defense to a strict maximum threshold of 120 days and enforces an absolute forfeiture of that right thereafter, is prospective and is applicable only to suits filed after 5.6.2025. Karnataka High Court.

01-July-2026

Daksha Legal
RBI’s Prudential Framework for Resolution of Stressed Assets. The legal validity of a corporate debt resolution strategy is governed by majority-based decision-making, not unanimity. Mere non-participation by a single minority lender in consortium review meetings does not invalidate the resolution process or the resolution plan. Karnataka High Court. 2026 Daksha Legal Kar 434.

01-July-2026

Daksha Legal
The Karnataka Protection of Interest of Depositors in Financial Establishments Act is a beneficial legislation. The requirement of ‘proper and verifiable proof’ must be applied liberally, particularly where an elderly person or widow produces primary or secondary evidence of the deposit. Karnataka High Court.

01-July-2026

Daksha Legal
Civil disputes should not be converted into criminal prosecutions merely to exert pressure on the opposite party. Courts exercising jurisdiction under Section 482 CrPC must examine: surrounding circumstances, chronology of events, delay, improvements in allegations, and not merely the wording of the FIR. Supreme Court

30-June-2026

Daksha Legal
The passing of a final decree or formal disposal of the suit does not extinguish the civil court's jurisdiction to correct accidental slips, clerical or typographical errors, or inadvertent omissions. The power under Section 152 CPC extends to rectifying the mistakes so as to accurately reflect the true intention of the parties in a compromise decree. Karnataka High Court.

30-June-2026

Daksha Legal
Temporary Injunction. The object of an interim order is to preserve the subject matter and ensure effective adjudication. In matters involving fire safety and lawful occupation of buildings, public safety overrides commercial interests, justifying an injunction against inducting third parties into the building. Karnataka High Court.

30-June-2026

Daksha Legal
Maintenance cannot be awarded on the stereotypical assumption that a husband is invariably bound to maintain his wife. Where the wife is financially independent, has no dependency liabilities, and earns substantially more than the husband, she is not entitled to maintenance. Karnataka High Court.

30-June-2026

Daksha Legal
An employee who serves continuously for decades against a sanctioned post cannot be denied regularization and pension merely because his salary was paid from the contingency fund. Such service must be counted for pensionary benefits. Karnataka High Court. 2026 Daksha Legal Kar 414

28-June-2026

Daksha Legal
Companies Act. To sustain a claim for damages against delinquent directors under Section 543(1) the Official Liquidator must provide specific, contextual, and detailed pleadings outlining the acts of misfeasance. Vague assertions, mere negligence, or the simple submission of an auditor's report are legally insufficient. Karnataka High Court.

26-June-2026

Daksha Legal
Allotment of public property must strictly conform to the governing statutory provisions. No resolution or administrative decision contrary to the statutory framework can confer a legally enforceable right. Karnataka High Court.

26-June-2026

Daksha Legal

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