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  Arbitration and Conciliation Act. Sections 4 and 16. Where an arbitration agreement stipulates a three-member arbitral tribunal, a party who consents to the appointment of a sole arbitrator and participates in the proceedings without timely objection is deemed to have waived its right to insist upon a three-member tribunal thus precluding a belated challenge to the composition of the arbitral tribunal. Supreme Court.

  • 29-October-2026
  • Daksha Legal
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  Protection of Women from Domestic Violence Act. Interim monetary relief cannot be granted merely on allegations of domestic violence without prima facie material establishing domestic violence and consequential monetary loss. Where the wife is gainfully employed, earns sufficient income to meet her expenses and receives house rent allowance from her employer, she cannot claim additional monetary relief towards alternative accommodation without establishing its necessity and the loss suffered. Karnataka High Court.

  • 30-October-2026
  • Daksha Legal
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  Protection of Women from Domestic Violence Act. Once a marriage is dissolved by a valid decree of divorce, the domestic relationship comes to an end, and the statutory right of residence in a ‘shared household’ under Section 17 cannot be asserted as a perpetual right. Even an earlier interim protection order cannot confer an independent right of residence. Karnataka High Court. 2026 Daksha Legal Kar 1509

  • 30-October-2026
  • Daksha Legal
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  Land Acquisition Act. Consideration of objections under Section 5-A does not constitute a judicial or quasi-judicial adjudication and a declaration under Section 6 does not require a separately recorded prior decision or an elaborate statement of reasons. Karnataka High Court.

  • 29-October-2026
  • Daksha Legal
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  CPC. Summons returned with the postal endorsement ‘unclaimed’, despite being sent to the correct address, raises a rebuttable presumption of valid service, particularly when the defendant resides with a co-defendant. A defendant who fails to establish sufficient cause for non-appearance may participate in the proceedings only from the stage at which he appears and cannot claim reopening of earlier proceedings as a matter of right. Karnataka High Court.

  • 29-October-2026
  • Daksha Legal
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  Karnataka SC/ST(PTCL) Act. Before declaring an alienation void under the Act, the competent authority must record clear finding regarding the true character of the original grant/transaction specifically ascertaining whether the land was granted free, at a concessional/upset price to a protected class, or acquired outright through a genuine public auction. Karnataka High Court. 2026 Daksha Legal Kar 1517.

  • 30-October-2026
  • Daksha Legal
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  Income Tax Act – Reopening of Assessment under Sections 147 and 148. Reassessment can be initiated only upon tangible material having a rational nexus with the Assessing Officer’s reasonable belief that income has escaped assessment. Mere change of opinion cannot justify reopening, as the power to reassess is not a power to review. Supreme Court.

  • 28-October-2026
  • Daksha Legal
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  National Highways Act. Once an arbitral award determining compensation under Section 3G attains finality, the acquiring authority cannot subsequently reopen, recalculate, or reduce the compensation through administrative communications or collateral proceedings. Karnataka High Court.

  • 29-October-2026
  • Daksha Legal
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  Karnataka Stamp Act. An agreement of sale attracts stamp duty equivalent to that payable on a conveyance only when possession of the property is delivered in part performance of the contract. Where the purchaser was already in possession of the property in a different capacity prior to the execution of the agreement, the document cannot be subjected to higher stamp duty. Karnataka High Court.

  • 29-October-2026
  • Daksha Legal
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  Statutory rules governing site allotments by development authorities require payment of the balance sital value within the prescribed period, failing which the allottee forfeits the right to claim allotment. An allottee who defaults in payment and remains inactive for years is guilty of gross delay and laches, disentitling them to discretionary equitable relief under Article 226 of the Constitution. Karnataka High Court.

  • 29-October-2026
  • Daksha Legal
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  Dowry Prohibition Act – Section 7(3). Statements made by the wife and her family members, being aggrieved persons, alleging the taking of dowry by the husband and his family cannot form the basis for prosecuting the wife and her family members for the offence of giving dowry under Section 3 of the Act. Supreme Court.

  • 28-October-2026
  • Daksha Legal
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  Ex-parte injunction order. As long as the order is not completely devoid of reasons or application of mind, inadequacy of detail does not render it an unreasoned order. Where the order contains reasons and demonstrates a prima facie application of judicial mind to the pleadings and documents, an appeal under Order XLIII Rule 1(r) is not maintainable. Karnataka High Court.

  • 28-October-2026
  • Daksha Legal