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  Compassionate Appointment. Acquisition of a higher educational qualification does not confer a right to appointment to a higher post. Compassionate appointment cannot be used to seek successive or higher appointments after the original appointment has been accepted. Karnataka High Court. 2026 Daksha Legal Kar.1270

  • 22-September-2026
  • Daksha Legal
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  Personal liberty. ‘’Preventive detention cannot be converted into a parallel mechanism for cancellation of bail.’’ Where a person already stands enlarged on bail, the Detaining Authority must demonstrate, from cogent and proximate material, a compelling necessity for invoking the extraordinary jurisdiction of preventive detention. Karnataka High Court.

  • 22-September-2026
  • Daksha Legal
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  Where criminal prosecution and departmental proceedings arise from the same charge, foundational facts, evidence, witnesses and documents, the collapse of the criminal case on that very evidentiary foundation is a relevant consideration in assessing the sustainability of the departmental proceedings. Karnataka High Court.

  • 22-September-2026
  • Daksha Legal
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  ‘The right to a fair investigation is an integral part of Article 21’. Society would fail in its duty to the victim if a proper investigation is not conducted to bring the real perpetrators to justice, particularly in cases involving heinous offences such as rape and murder. Supreme Court, while directing re-investigation.

  • 22-September-2026
  • Daksha Legal
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  Whether the requirement of suits for Trademarks infringement to be instituted before a District Court is rendered otiose by notifying a Civil Judge (Senior Division) as a Commercial Court under the Commercial Courts Act? Supreme Court refers the question to a Larger Bench.

  • 22-September-2026
  • Daksha Legal
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  Land Acquisition Act, S.28A. Application must be filed within 3 months from Reference Court award. Where applicant files in time and compensation is enhanced by Reference Court and seeks reference u/s.28A(3), any subsequent further enhancement by High Court in appeal will bind the Reference Court. Supreme Court.

  • 22-September-2026
  • Daksha Legal
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  Tender matters – Judicial Review. The interpretation placed by a tendering authority on its own tender conditions ordinarily commands judicial deference, provided it is reasonably borne by the language of the tender and serves its purpose. Where the tendering authority selectively relaxes those conditions for an otherwise ineligible bidder, the constitutional court may interfere. Supreme Court.

  • 22-September-2026
  • Daksha Legal
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  Criminal Law. Charge Sheet. Mere availability of sufficient material to file a charge sheet does not, by itself, mean that the investigation is complete, particularly where analysis or collation of material remains pending. A valid extension prevents the accused from claiming default bail merely on expiry of the original period. Supreme Court.

  • 22-September-2026
  • Daksha Legal
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  When an arrest violates Article 22(1) or Article 22(2) of the Constitution, the accused cannot simply be re-arrested by the investigating agency; any subsequent custodial arrest can only be with the permission of the Magistrate following the constitutionally mandated safeguards. Supreme Court. 2026 Daksha Legal SC 644.

  • 22-September-2026
  • Daksha Legal
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  A second wife whose marriage is void under the Hindu Marriage Act can claim maintenance under Section 125 CrPC only where the husband fraudulently concealed his subsisting first marriage. A woman who knowingly marries a man during the subsistence of his first marriage cannot claim the status of a ‘legally wedded wife’ for the purpose of maintenance. Karnataka High Court. 2026 Daksha Legal Kar 1303.

  • 23-September-2026
  • Daksha Legal
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  P-Test. SC- Once a court has commenced the trial on all issues, Order XIV Rule 2(2) CPC cannot subsequently be used to separate and decide one issue as a preliminary issue.

  • 22-September-2026
  • Daksha Legal
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  Speedy trial in criminal cases. Section 294(3) Cr.P.C/Section 330(3) BNSS. Where the genuineness of documents is undisputed, witnesses need not be examined merely for marking such documents as exhibits, particularly in trials involving voluminous records. Karnataka High Court directs such exercise to be undertaken at the commencement of the trial. 2026 Daksha Legal Kar 1335

  • 23-September-2026
  • Daksha Legal