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  Suit for partition. A defendant co-sharer seeking to include omitted joint family properties via an additional written statement cannot be barred on the procedural ground of introducing a ‘second counter-claim,’ provided the foundational burden to establish the joint/ancestral nature of the newly introduced properties remains on that co-sharer. Karnataka High Court.

  • 19-September-2026
  • Daksha Legal
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  SARFAESI Act. Section 34 does not bar all civil disputes concerning secured assets. A civil suit by a non-borrower coparcener asserting an independent pre-existing right to partition, separate possession and a declaration that the mortgage does not bind his share, fall outside the Section. 2026 Daksha Legal Kar 1247.

  • 19-September-2026
  • Daksha Legal
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  Article 226. The plea of fraud cannot overcome the consequences of prolonged inaction. The principle of delay and laches applies equally to the State, whose duty of diligence is heightened when seeking to unsettle rights litigated for decades. Karnataka High Court.

  • 18-September-2026
  • Daksha Legal
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  Forceful and illegal re-possession of a commercial vehicle by a finance company. Supreme Court orders repayment of the sale price, awards compensation of Rs. 10,00,000/- to the owner.

  • 17-September-2026
  • Daksha Legal
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  Adverse revenue entries and the proceedings challenging the same constitute accrual of the right to sue for a suit for declaration of title under Article 58 of the Limitation Act. A time-barred plaint is liable to be rejected under Order VII Rule 11 CPC. Karnataka High Court. 2026 Daksha Legal Kar 1232.

  • 17-September-2026
  • Daksha Legal
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  KPIDFE Act. A mere assertion of payment to or receipt of money by a financial institution does not make a person a ‘depositor’ under the Act. Determining the nature of the transaction, repayment obligation, supporting documents and identity of the depositor involves disputed questions of fact beyond the scope of writ jurisdiction. Karnataka High Court.

  • 17-September-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. High Courts should exercise extreme restraint under Articles 226/227 in matters arising from arbitral proceedings, and interference is warranted only where the impugned order suffers from patent perversity or lack of inherent jurisdiction. Karnataka High Court.

  • 17-September-2026
  • Daksha Legal
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  Though a financier’s right to repossess the financed vehicle is a matter of contract, such a right cannot be exercised through force, stealth or an unfair procedure. Supreme Court issues comprehensive guidelines.

  • 18-September-2026
  • Daksha Legal
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  A claim under Section 166(2) of the Motor Vehicles Act cannot be filed at a place merely because the insurer carries on business there, or on the ground that the defendant carries on business at that place, as opposed to his residence. Supreme Court. 2026 Daksha Legal SC. 574

  • 17-September-2026
  • Daksha Legal
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  Payment of Gratuity Act. An employer may levy interest on the delayed repayment of gratuity by an employee who is reinstated following the setting aside of his dismissal; however, such dues cannot be adjusted, deducted, or recovered from the gratuity payable to the employee. Karnataka High Court.

  • 17-September-2026
  • Daksha Legal
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  Hindu Succession Act. Section 24 prior to the 2005 amendment. The bar disentitling a remarried widow from inheriting her pre-deceased husband's share does not operate against his other heirs. The coparcenary interest passes in its entirety to his other surviving Class-I legal heirs and does not revert to the surviving coparceners. Madras High Court.

  • 16-September-2026
  • Daksha Legal
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  An Appellate Court exercising jurisdiction under Order XLIII Rule 1 read with Section 104 CPC cannot travel beyond the specific interlocutory reliefs prayed for in an application under Order XXXIX Rules 1 and 2. Granting interim relief that is materially different from or wider than the prayer sought constitutes a fundamental jurisdictional infirmity. Karnataka High Court.

  • 16-September-2026
  • Daksha Legal