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  Motor Vehicles Act. Though a tractor, insured for ‘agricultural purposes ‘ is used for commercial purposes, such as transporting sugarcane to factories, the insurance company cannot avoid liability towards a third-party pedestrian or bystander if the tractor was unladen and not engaged in commercial use at the time of the accident. Karnataka High Court.

  • 04-August-2026
  • Daksha Legal
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  Karnataka Court Fees and Suits Valuation Act. A suit concerning an easementary right does not become a suit for declaration of ownership or possession. Court fees cannot be insisted based on the market value of the property over which the easement is claimed. Karnataka High Court. 2026 Daksha Legal Kar 896

  • 05-August-2026
  • Daksha Legal
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  Police protection in execution proceedings. Though the Civil Procedure Code does not contain specific provision authorising the Executing Court to provide police protection, whenever such assistance becomes necessary to implement the judgment and decree, the inherent jurisdiction under Section 151 can be invoked. Karnataka High Court.

  • 07-August-2026
  • Daksha Legal
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  Amendment of pleadings. Pre-trial amendments stand on a distinctly different footing. In a passing-off action under the Trade Marks Act, pleadings relating to the adoption of the mark, prior and continuous use, goodwill, reputation, and the likelihood of deception are fundamental to the cause of action. An amendment elaborating these material facts cannot be rejected merely because it is sought after the filing of the written statement. Karnataka High Court.

  • 04-August-2026
  • Daksha Legal
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  The validity of a compromise is determined on the date it is recorded by the Court. A subsequent breach of its terms does not invalidate a compromise decree lawfully passed under Order XXIII Rule 3 CPC, as such breach is distinct from fraud, coercion, undue influence, or illegality in obtaining the compromise. The remedy is to execute the compromise decree. Karnataka High Court. 2026 Daksha Legal Kar 904

  • 05-August-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. International commercial arbitration. A petition under Section 9 is maintainable against a non-signatory, including a foreign entity, where a prima facie case is made out that such entity is the alter ego of a signatory or where the corporate veil warrants piercing. Karnataka High Court. 2026 Daksha Legal Kar 861

  • 04-August-2026
  • Daksha Legal
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  Hindu Law. Execution of a registered sale deed by one coparcener in favor of a stranger purchaser does not automatically extinguish constructive joint possession or prove legal ouster. Trial court cannot insist on payment of ad valorem court fee on the basis of the averments made in such sale deed. Karnataka High Court. 2026 Daksha Legal Kar 845

  • 04-August-2026
  • Daksha Legal
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  Leave to defend under Order XXXVII Rule 3(5) CPC. After recording a finding that the defendant has disclosed a substantial defence within the meaning of the provision, the Commercial Court cannot impose a condition requiring the furnishing of a bank guarantee to grant leave to defend. Order XXXVII Rule 3(5) cannot be utilized as a substitute for an attachment before judgment under Order XXXVIII to secure a prospective decree. Karnataka High Court. 2026 Daksha Legal Kar 856

  • 04-August-2026
  • Daksha Legal
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  Mines and Minerals (Development and Regulation) Act. A mining lessee cannot reduce its liability to pay higher royalty by subjecting extracted higher-value iron ore Lumps to a crushing process that converts them into lower-value Fines prior to dispatch. Such destructive processing forms part of the manufacturing/consumption activity, triggering the liability to pay royalty on the higher value. Karnataka High Court.

  • 04-August-2026
  • Daksha Legal
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  A minor cannot be expected to respond to a public notice or independently initiate legal proceedings. Where the plaintiff fails to take steps to secure the appointment of a lawful guardian to represent the minor in the suit, the plaintiff cannot later oppose the minor's application under Order IX Rule 13 CPC after the minor attains majority. Supreme Court.

  • 04-August-2026
  • Daksha Legal
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  ‘’Neither the final report nor the framing of charges is an insurmountable bar to order further investigation when the interests of justice require it’’. Karnataka High Court entrusts the Crime Investigation Department with further investigation into allegations of sexual assault, attempted rape and brutal assault on a girl.

  • 02-August-2026
  • Daksha Legal
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  Customs Act. Though advance Ruling under Section 28J is binding only on the applicant and the jurisdictional customs authorities, the legal principles embodied therein possess persuasive value and ought to be followed in subsequent cases unless there are distinguishing facts or a change in the governing law. Madras High Court.

  • 02-August-2026
  • Daksha Legal