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Daksha Legal
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2026
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Judgements
The Karnataka State Commission for SC/ST is purely a recommendatory, advisory, and fact-finding body. It has no authority to determine land title or issue directions to Revenue Authorities for mutation and khata transfer. Karnataka High Court.
14-August-2026
Daksha Legal
Criminal breach of trust. Money paid to a supplier towards the price of goods, including advance payment, becomes the supplier’s money as contractual consideration and is not held in trust or bailment. Failure to supply the goods after receiving payment may constitute a breach of contract, but not criminal breach of trust, in the absence of entrustment. Supreme Court.
14-August-2026
Daksha Legal
‘Freedom of Artistic Expression vs. Privacy and Fair-Trial Rights’. Mere pendency of criminal proceedings does not, by itself, justify restraining the exhibition of a film depicting similar incidents, particularly when the film has been duly certified for public exhibition by the Censor Board. Karnataka High Court.
12-August-2026
Daksha Legal
Motor Vehicles Act. The Tribunal constituted under the Act cannot remain a silent spectator and must play an active role in detecting and preventing fraudulent claims arising from fabricated or staged accidents, particularly since insurance companies deal with public money. Karnataka High Court.
13-August-2026
Daksha Legal
The power of the State Government to appoint a Special Public Prosecutor under Section 24(8) of the CrPC cannot be exercised mechanically, as a matter of routine, or solely at the behest of private complainant. Displacement of a regular Public Prosecutor requires demonstrable ‘special circumstances.’ Karnataka High Court.
13-August-2026
Daksha Legal
Interpretation of Statutes. An amendment styled as ‘for the removal of doubts’ that substantively alters legal liabilities or expands the tax base cannot retroactively impose penal or withholding consequences on past transactions conducted lawfully under the prevailing judicial interpretation at that time. Karnataka High Court.
13-August-2026
Daksha Legal
Criminal Procedure Code — Section 197. A subsequent notification requiring prior sanction for prosecution does not invalidate cognizance lawfully taken when no such requirement existed. The notification does not affect proceedings in which cognizance had already been taken. Supreme Court. 2026 Daksha Legal SC 319.
12-August-2026
Daksha Legal
BNSS. An inquest under Section 194 is confined to ascertaining the apparent cause of death and cannot be expanded into a roving criminal investigation or used as a means to harass doctors or hospital staff. Karnataka High Court.
19-August-2026
Daksha Legal
Criminal Law — Sections 153A, 295A and 505(2) IPC. Mere expression of views does not constitute an offence unless the requisite mens rea is established. The Sections require intent to promote communal disharmony and deliberate and malicious intent to outrage religious feelings. Karnataka High Court.
14-August-2026
Daksha Legal
Karnataka Co-operative Societies Act. When the Board of a Primary Co-operative Society is superseded or a Special Officer is appointed the Primary Society and its appointed delegate lose the statutory right to vote in elections to a Secondary Society, even if the delegate’s name was previously finalized in the electoral roll. Karnataka High Court.
11-August-2026
Daksha Legal
Arbitration and Conciliation Act. The 30-day timeline prescribed for filing an application for correction or interpretation of an award under Section 33 is strict and can be varied or extended only by mutual agreement of the parties, and not by judicial condonation of delay. Karnataka High Court. 2026 Daksha Legal Kar 979
11-August-2026
Daksha Legal
Income Tax Act. An assessee cannot be held in default for failure to deduct tax pursuant to a retrospective statutory amendment. The obligation to deduct tax is governed by the law prevailing on the date of payment or credit, as no person can be compelled to perform an impossible obligation retrospectively. Karnataka High Court.
12-August-2026
Daksha Legal
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