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  The commercial nature of the transaction such as leasing premises for a retail store takes precedence over the general classification of the matter as a landlord-tenant dispute. Such suits must be adjudicated exclusively by Commercial Courts to fulfill the legislative intent of providing a specialized and time-bound mechanism for resolving business-related litigations. Karnataka High Court.

  • 26-February-2026
  • Daksha Legal
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  Land acquisition. When a statutory fact-finding authority recommends the deletion of specific lands from acquisition based on objective grounds and site inspections, the State Government cannot override such recommendations in a mechanical or arbitrary manner. A final notification issued without addressing the specific grounds for deletion recommended by the Officer is liable to be quashed. Karnataka High Court.

  • 26-February-2026
  • Daksha Legal
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  Right to Information Act. Income Tax returns, assessment particulars and related financial details of an assessee constitute ‘personal information’ and are exempt from disclosure. Husband seeking such information of his wife does not satisfy the test of ‘larger public interest’. Karnataka High Court.

  • 26-February-2026
  • Daksha Legal
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  ‘Uninformed legitimization of trivialities would make a mockery of administration of criminal justice.’ Where the testimony of the primary witness reveals a pre-planned attempt to falsely implicate the accused in coordination with the Police, the evidence loses its credibility, and the accused is entitled to an acquittal. Karnataka High Court.

  • 26-February-2026
  • Daksha Legal
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  Order VII Rule 11(d) CPC. A plaint cannot be rejected under on the ground of limitation unless the suit is ex-facie barred by the law of limitation. Where the question of limitation depends on the adjudication of facts, it becomes a mixed question of law and fact. The power of rejection at the threshold must be exercised only when the legal bar is certain and undisputed on the face of the record. Karnataka High Court.

  • 25-February-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. An order passed by an Arbitral Tribunal that merely resolves an incidental factual or procedural issue such as the validity of an authorization to sign an agreement without conclusively determining a substantive claim or a jurisdictional challenge, does not constitute an 'interim award'. Such an order cannot be challenged under Section 34 of the Act. Karnataka High Court.

  • 25-February-2026
  • Daksha Legal
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  Dowry death. A conviction cannot rest solely on medical evidence of homicidal death without a credible link showing cruelty soon before death. Where interested witnesses give materially contradictory statements unsupported by independent evidence, statutory presumptions cannot be invoked. If dowry allegations are vague and the prosecution fails to prove guilt beyond reasonable doubt, the accused is entitled to the benefit of doubt. Karnataka High Court.

  • 25-February-2026
  • Daksha Legal
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  Authorities under the Karnataka Land Revenue Act and the Karnataka Sakala Services Act must process mutation and revenue entry applications within the prescribed timelines. Unexplained delay in updating records based on a registered sale deed amounts to a breach of public duty. Karnataka High Court imposes personal costs on the erring official.

  • 25-February-2026
  • Daksha Legal
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  Employees’ Compensation Act. The liability to pay the statutory penalty for the delay in depositing compensation lies exclusively with the employer. The insurance company is only liable to indemnify the employer for the principal compensation amount and the interest thereon. The Courts cannot fasten the liability of the penalty on the insurance company, as the penalty is a punitive consequence of the employer’s personal default. Supreme Court.

  • 25-February-2026
  • Daksha Legal
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  The repeal of the Industrial Disputes Act and the commencement of the Industrial Relations Code does not create an adjudicatory vacuum. The existing Labour Courts and Industrial Tribunals retain the jurisdiction to entertain and decide references until the new Tribunals under the Code are fully operational by virtue of Section 104 (1A) of the Code and the principles enshrined in Section 6 of the General Clauses Act. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal
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  Service Law. The State cannot transfer a government servant without simultaneously providing a specific alternative posting. A transfer order that merely directs an officer to report to a superior authority for future instructions is legally unsustainable. Any officer relieved without a new posting is entitled to remain in their previous position until a new assignment is provided. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal
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  Karnataka Excise Rules. Licence is not a saleable commodity. The rights and liabilities arising from a private agreement between the transferor and transferee are outside the scope of the statutory rules. Once the application is filed with the requisite fees and the transfer process is triggered, the licensee can no longer control the process and withdraw. Karnataka High Court.

  • 24-February-2026
  • Daksha Legal