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Judgements
A trial court’s order granting or refusing to grant ex-parte injunction order under Order 39 Rule 1 & 2 CPC can be questioned only by way of an appeal under Order 43 Rule 1. Writ Petition under Article 227 of the Constitution of India is not maintainable. Karnataka High Court. 2026 Daksha Legal Kar 477
02-July-2026
Daksha Legal
Motor Vehicles Act. In the absence of any specific reason and evidence on record, the split multiplier should not be applied in routine courses and the multiplier should be applied as per the settled law. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. A comprehensive motor insurance policy covers inter se tortious liability between spouses. Where a wife dies in a motor accident caused by the negligent driving of her husband, her legal representatives are entitled to claim compensation from the insurer. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. Legal representative need not necessarily be confined to the wife, husband, parent and child of the deceased and that every person who represents the estate of the deceased and also suffers on account of the death of a person in a motor vehicle accident should have a remedy for realisation of compensation. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. Interest awarded under Section 171 must be just, fair and reasonable. In death and grievous injury claims, compensation should ordinarily carry interest at 9% per annum, Karnataka High Court reiterates.
02-July-2026
Daksha Legal
Motor Vehicles Act. In computing income for compensation, the previous year's Income Tax Return ordinarily suffices for salaried persons. For self-employed persons or business owners, courts should generally consider the average income reflected in the preceding three years' ITRs, while also evaluating relevant factors such as the nature and growth of the business, geographical conditions, future earning potential, initial business losses, and other surrounding circumstances. Supreme Court.
07-July-2026
Daksha Legal
Karnataka Land Revenue Act. Power to cancel grant must be exercised within a reasonable timeframe. Selective, belated enforcement targetting a single grantee while leaving similarly situated co-grantees undisturbed demonstrates a clear administrative bias, rendering such cancellation orders completely unsustainable. Karnataka High Court.
03-July-2026
Daksha Legal
UAPA. Clandestine funding of extremism is one of the gravest threats to National security in the present times. Courts must be circumspect in stifling investigations into allegations of economic subversion affecting national security. In such cases, investigation is not merely permissible but imperative. Karnataka High Court.
02-July-2026
Daksha Legal
An application under Section 152 CPC to correct an accidental omission in a preliminary decree cannot be rejected solely on the ground of delay when the underlying property rights were actively litigated, put in issue, and answered in favour of the applicant during adjudication. The Court must rectify its ministerial error to ensure the decree conforms to the judgment. Karnataka High Court.
03-July-2026
Daksha Legal
Minimum Wages Act. Revision of minimum wages under Section 5(1)(b) requires publication of proposals in the Official Gazette inviting objections, and this mandatory procedure cannot be replaced by informal meetings. By virtue of Section 69 of the Code on Wages, 2019 read with Section 6 of the General Clauses Act, 1897, proceedings initiated under the repealed 1948 Act must continue and be concluded under that Act. Karnataka High Court.
02-July-2026
Daksha Legal
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
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