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Daksha Legal
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2026
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Judgements
Motor Vehicles Act. Combination of tractor and trailer is a goods carriage. Even if only the trailer and not the tractor is insured, the insurer of the trailer remains liable to compensate third-party claims arising from its use. Karnataka High Court.
06-October-2025
Daksha Legal
A compromise decree in a suit for specific performance, which merely records an agreement to transfer property, does not convey title. A purchaser cannot claim ownership or demand mutation in revenue records solely on the basis of such a compromise without first having the sale deed executed and registered through appropriate execution proceedings. Karnataka High Court.
06-October-2025
Daksha Legal
Pendency of a criminal appeal or the option to apply for suspension of sentence or bail is not a bar to consider an application for parole, which is a separate, time-bound relief granted in exigent circumstances. An authority rejecting parole must issue a reasoned order clearly applying the relevant sections of the Karnataka Prison Manual. Karnataka High Court.
06-October-2025
Daksha Legal
Karnataka SC/ST (PTCL) ACT. There is no restriction for a grantee or his legal heirs to invoke the provisions of the Act for subsequent transfers after the land has been resumed and restored in an earlier proceeding. Karnataka High Court.
06-October-2025
Daksha Legal
Arbitration and Conciliation Act. A civil suit for an injunction to restrain arbitration proceedings is barred under Section 5, as all issues concerning the Arbitral Tribunal’s jurisdiction—including the existence, validity, or limitation of the arbitration agreement—fall exclusively within the Tribunal’s competence under Section 16. Karnataka High Court.
01-October-2025
Daksha Legal
Negotiable Instruments Act. A loan transaction is not rendered unenforceable under Section 138, nor are the presumptions under Sections 118 and 139 rebutted, solely on the ground that the transaction was in breach of the Income Tax Act, 1961. Supreme Court.
01-October-2025
Daksha Legal
Arbitration and Conciliation Act. The non-joinder of a necessary party constitutes a fundamental error of law, striking at the root of the proceedings and rendering the adjudication and award legally unsustainable. Karnataka High Court.
01-October-2025
Daksha Legal
Karnataka Cooperative Societies Act. For the purpose of a delegate's eligibility to vote in a cooperative society election, the 12-month membership duration required under Section 20(2)(a-iii), must be calculated with reference to the date of the election and not the date on which the delegation resolution was passed. Karnataka High Court.
01-October-2025
Daksha Legal
Arbitration and Conciliation Act. Power of the tribunal to award interest would operate if it is not otherwise agreed by the parties. If there is an agreement between the parties to the contrary, the arbitral tribunal would lose its discretion to award interest and will have to be guided by the agreement between the parties. Supreme Court.
30-September-2025
Daksha Legal
Challenge to the final seniority list of the District Judges by the Karnataka High Court. Division bench delivers separate divergent judgements.
29-September-2025
Daksha Legal
Wholesale importation of American doctrines, in the realm of free speech, cannot be the touchstone for interpreting the provisions of the Indian Constitution. Law requiring removal of unlawful content upon government notification, is a valid and non-arbitrary condition for claiming the ‘safe harbour’ exemption. Karnataka High Court.
29-September-2025
Daksha Legal
Maintenance and Welfare of Parents and Senior Citizens Act. Person sought to be evicted cannot take the plea that he himself is a senior citizen especially when he was below the age of 60 when the complaint was filed by his parents. Supreme Court.
27-September-2025
Daksha Legal
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