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  Motor Vehicles Act. A salary certificate produced to establish the deceased’s income deserves due consideration, particularly when the employer has been examined and has substantiated its authenticity. The standard of proof before the Tribunal cannot be beyond all reasonable doubt. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal
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  Companies Act. To sustain a claim for damages against delinquent directors under Section 543(1) the Official Liquidator must provide specific, contextual, and detailed pleadings outlining the acts of misfeasance. Vague assertions, mere negligence, or the simple submission of an auditor's report are legally insufficient. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Allotment of public property must strictly conform to the governing statutory provisions. No resolution or administrative decision contrary to the statutory framework can confer a legally enforceable right. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Court Fees. An issue pertaining to valuation and court fees raised by a defendant cannot be deferred to final adjudication if it directly dictates the pecuniary jurisdiction of the court. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. The relationship between a company director and an employee does not constitute a fiduciary relationship, although the fiduciary exception may apply to the relationship between the company and its director. Supreme Court.

  • 24-June-2026
  • Daksha Legal
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  Locus Standi. An auction purchaser is entitled to challenge the arbitrary cancellation of an auction sale under the SARFAESI Act and has a legitimate expectation that a validly accepted bid will be carried to its logical conclusion. Karnataka High Court. 2026 Daksha Legal Kar 372

  • 24-June-2026
  • Daksha Legal
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  SARFAESI Act. A public auction conducted by a secured creditor must be fair, transparent, and inspire public confidence. Cancellation of an auction solely on the ground of pending litigation, with a view to favouring the borrower, is arbitrary and unsustainable. Such arbitrary rejection of a bid or termination of the sale process is amenable to judicial review. Karnataka High Court. 2026 Daksha Legal Kar 372

  • 25-June-2026
  • Daksha Legal
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  Once the death of a party whose share has been determined under a preliminary decree is brought to the Court's notice and a Will is set up, the Court must determine whether the deceased died intestate or under a valid Will. If the Will is duly proved, the quantified share devolves upon the legatees in accordance with the testamentary disposition. Karnataka High Court. 2026 Daksha Legal Kar 391

  • 25-June-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Knowledge of the existence of an award’ cannot be substituted for the statutory requirement of ‘receipt of the award’. Limitation under Section 34(3) to challenge an arbitral award begins only upon actual receipt of the signed award, and not from its oral pronouncement or receipt of the meeting minutes. Karnataka High Court. 2026 Daksha Legal Kar 395

  • 25-June-2026
  • Daksha Legal
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  Motor Accidents Claims Tribunal cannot reject or downscale a permanent physical disability assessment solely because the testifying medical expert was not the original treating doctor. If a qualified medical professional subsequently examines the patient and reviews their medical history, their assessment is legally valid. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal
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  IBC Act. The moratorium contemplated under Section 96 takes effect immediately upon the filing of an application under Section 94. During the subsistence of such moratorium, the Debt Recovery Tribunal lacks jurisdiction to continue or entertain proceedings against the borrower under the SARFAESI Act. Karnataka High Court. 2026 Daksha Legal Kar 367-371

  • 25-June-2026
  • Daksha Legal
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  Provincial Insolvency Act. Mere filing or pendency of an insolvency petition does not operate as an automatic statutory bar or trigger a stay against parallel recovery suits initiated by creditors. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal