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  The mere absence of a railway ticket cannot defeat a compensation claim when the claimant establishes bona fide passenger status on the preponderance of probabilities and the Railways fail to rebut that evidence. Supreme Court. 2026 Daksha Legal SC 623

  • 26-September-2026
  • Daksha Legal
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  Section 366 IPC. Where a woman voluntarily accompanies a man to a distant place and stays with him for several nights, such conduct may be relevant in assessing whether the alleged sexual intercourse was without her consent or against her will. Supreme Court.

  • 25-September-2026
  • Daksha Legal
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  Where two prosecutions arise from split charge-sheets in respect of the same underlying case, the fact that the sentence in the connected case has already been suspended may be taken into consideration while considering suspension of sentence and grant of bail pending appeal. Supreme Court.

  • 25-September-2026
  • Daksha Legal
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  Criminal Law. Section 302 IPC. A Trial Court may impose life imprisonment but cannot direct imprisonment for the convict’s natural life without statutory remission; such special sentencing power vests only in Constitutional Courts. Supreme Court.

  • 25-September-2026
  • Daksha Legal
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  Child custody. Mere registration of an offence under the POCSO Act cannot defeat a parent’s legitimate claim to custody or guardianship. The Court must, on the basis of the material available, including the investigation record, form a prima facie view on whether the allegations are baseless. Supreme Court.

  • 25-September-2026
  • Daksha Legal
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  A prospective beneficiary under the land acquisition process does not acquire a vested or enforceable right to compel acquisition in its favour on the sole basis of a prior notification or governmental assurance, as the doctrine of promissory estoppel cannot be invoked to supplant or override the statutory scheme governing acquisition. Karnataka High Court.

  • 24-September-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Seat and Venue of Arbitration. Mere conduct of arbitral proceedings at a particular place does not make it the juridical seat. In the absence of an express designation or agreement, the seat cannot be inferred merely from the place of proceedings or the place where the arbitrator was appointed. Supreme Court.

  • 24-September-2026
  • Daksha Legal
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  Where a contract contains a clear contractual bar on interest, an arbitral tribunal cannot award pre-reference interest contrary to that clause; Section 31(7)(a) alone does not confer such power. Supreme Court.

  • 23-September-2026
  • Daksha Legal
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  Forgery. Absence of the original allegedly forged document does not by itself justify quashing the proceedings; disputed questions concerning forgery must ordinarily be tested at trial. Supreme Court.

  • 23-September-2026
  • Daksha Legal
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  Anti-suit injunctions restraining foreign matrimonial proceedings must be granted sparingly. Frequent and unmindful resort would not only undermine the concept of comity of courts but such orders would be tantamount to interjection by the court into the sovereign judicial jurisdiction of a court functioning in the foreign country. Supreme Court. 2026 Daksha Legal SC 611

  • 23-September-2026
  • Daksha Legal
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  Hindu Women’s Rights to Property Act, 1937. The partition in the family is not a condition for the right as an independent or absolute owner of the property left behind by the prepositus. Hindu widow's limited interest acquired under the Act becomes absolute ownership under Section 14(1) of the Hindu Succession Act. Supreme Court

  • 23-September-2026
  • Daksha Legal
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  Land Acquisition. Judicial intervention under Article 226 must balance procedural irregularity with ground realities to avoid unsettling settled transactions. Where possession has been taken and third-party rights have accrued and industrial development has intervened, the acquisition cannot be nullified. Karnataka High Court.

  • 22-September-2026
  • Daksha Legal