Judgements

Motor Vehicles Act. Insurer must specifically plead the contributory negligence in support of plea. Insurer cannot directly lead evidence without specific plea regarding contributory negligence. Karnataka High Court.

08-January-2026

Daksha Legal
Hindu Succession Act. Inadvertence on the part of the parliament in missing out widow, mother, widow of predeceased son etc in the amended Section 6 as class-1 heirs of the schedule. Karnataka High Court draws the attention of the Ministry of Law & Parliamentary Affairs to the anomaly.

07-January-2026

Daksha Legal
Karnataka Co-operative Societies Act. Even a registered sale deed can be cancelled by the Additional Registrar of Corporative Societies in a dispute under Section 70 if the allotment is made improperly or illegally. Karnataka High Court.

07-January-2026

Daksha Legal
Arbitration and Conciliation Act. An arbitral award cannot be set aside merely on the ground that the arbitrator adjudicated upon issues ancillary or related to the principal dispute. The absence of a separate notice under Section 21 in respect of such related disputes does not invalidate the proceedings or preclude a party from raising those claims before the arbitral tribunal. Supreme Court.

07-January-2026

Daksha Legal
A person who is a necessary or proper party to a suit, but who intentionally remains silent and fails to seek impleadment for an inordinate period despite having knowledge of the proceedings, loses the right to be joined as a party at a belated stage. A party cannot be permitted to utilize Order I Rule 10 of the CPC to obstruct the conclusion of a trial when his own conduct is marked by gross negligence or laches. Supreme Court.

06-January-2026

Daksha Legal
When arbitrator validly declines to exercise his jurisdiction, the time spent in the infructuous arbitration proceedings is excludable under Section 14 of the Limitation Act to ensure the right to a remedy is not jeopardized. Karnataka High Court.

06-January-2026

Daksha Legal
A fraudulently executed deed of transfer can be quashed under Article 226 of the Constitution of India. Division bench confirms the order of the single judge. Karnataka High Court.

06-January-2026

Daksha Legal
Arbitration and Conciliation Act. Where a dispute entails serious and specific allegations of fraud including fabrication or forgery of documents and the adjudication requires voluminous evidence, criminal-style inquiry, or detailed investigation beyond the scope of arbitral proceedings, the Arbitral Tribunal can decline to exercise jurisdiction. Karnataka High Court.

06-January-2026

Daksha Legal
Karnataka Control of Organised Crimes Act. The requirement of continuing unlawful activity must show a clear nexus or common thread linking past chargesheets with the present offence, establishing an organised crime syndicate pursuing a specific unlawful objective. Absence of such linkage among the accused makes approval under Section 24(1)(a) legally unsustainable for non-application of mind. Karnataka High Court.

06-January-2026

Daksha Legal
Karnataka Land Reforms Act. The ceiling limits prescribed under Section 63 apply exclusively to agricultural land. Land not capable of being used for agricultural purposes is excluded from the operation and cannot be considered for determining excess holding. Karnataka High Court.

05-January-2026

Daksha Legal
Defendant's denial of title does not by itself constitute a ‘cloud on title’ to mandate a suit for declaration of title. A suit for permanent prohibitory injunction simpliciter is maintainable when the plaintiff establishes lawful possession and the defendant's interference, particularly when the defendant's own legal notice admits the plaintiff's possession. Karnataka High Court.

05-January-2026

Daksha Legal
Pre-emption under Mohammedan Law. A valid claim must be asserted through two mandatory demands—Talab-e-Muwathaba, made immediately upon sale, and Talab-e-Ishhad, declared before two witnesses and communicated to the seller or purchaser. Issuing a legal notice, even if attested, does not fulfill or replace this customary requirement. Karnataka High Court.

05-January-2026

Daksha Legal

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