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  A registered sale deed carries presumptive legal value. If a vendor wishes to dispute the execution or validity of a registered sale deed, they must challenge it through appropriate proceedings in accordance with law. In the absence of such a legal challenge, the registered sale deed remains valid and binding, completely disabling the vendor from dealing with the property further. Karnataka High Court.

  • 23-June-2026
  • Daksha Legal
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  Prevention of Money Laundering Act. In the absence of an FIR or a complaint before the Magistrate, the Directorate of Enforcement cannot pass an attachment order. Invocation of the first proviso to Section 5(1) requires independent reasons to believe, based on objective material, that immediate attachment is necessary to prevent frustration of the proceedings. Failure to comply with these requirements vitiates the attachment order. Karnataka High Court. 2026 Daksha Legal Kar 341-355

  • 21-June-2026
  • Daksha Legal
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  Writ Jurisdiction. A writ petition is maintainable against an illegal attachment order passed under the Prevention of Money Laundering Act. The existence of an alternative statutory remedy does not bar the exercise of writ jurisdiction where the impugned action is ex facie illegal or without jurisdiction. Karnataka High Court. 2026 Daksha Legal Kar 341-355

  • 21-June-2026
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. The 2016 amendments, insofar as they are declaratory, procedural, curative and machinery-oriented, operate retrospectively / retroactively, while penal provisions creating new offences or enhancing punishment to operate only prospectively. Supreme Court.

  • 21-June-2026
  • Daksha Legal
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  Hindu Succession Act. Disqualification under Section 25 of a murderer does not depend upon a criminal conviction. Being a civil consequence imposed on a wrongdoer, the issue may be determined on the basis of preponderance of probabilities, independent of the stricter standard of proof required in criminal proceedings. Supreme Court

  • 20-June-2026
  • Daksha Legal
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  Service Law. An employee who is denied fair consideration for promotion due to the non-communication of ACRs and the destruction of service records is entitled to notional promotion and consequential pensionary benefits. The principle of ‘’no work, no pay’’ cannot be applied in such cases. Supreme Court.

  • 19-June-2026
  • Daksha Legal
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  Bharatiya Nagarik Suraksha Sanhita. Section 173(3). While a citizen is legally obligated to appear and cooperate with a statutory pre-FIR preliminary inquiry, the police cannot resort to any coercive measures against the summoned individual unless and until a formal opinion is recorded that the collected material discloses a cognizable offence requiring an FIR. Karnataka High Court.

  • 19-June-2026
  • Daksha Legal
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  Motor Vehicles Act. Mere filing of a police charge sheet against a driver is insufficient to automatically prove the occurrence of an accident or the involvement of a specific vehicle. Tribunals are constituted not only to allow the claim petitions which are genuine in nature but at the same time the great responsibility on the part of the claims Tribunal to ensure that no false claims are allowed. Karnataka High Court.

  • 19-June-2026
  • Daksha Legal
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  Personal Liberty. Where an ECIR under the PMLA is stayed by a competent Court due to the closure or non-survival of the underlying predicate offense, the Enforcement Directorate cannot circumvent or overreach that judicial stay by using materials collected during the stayed investigation to trigger an immediate arrest under a newly registered ECIR based on subsequent, identical nature FIRs. Karnataka High Court.

  • 19-June-2026
  • Daksha Legal
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  Hindu Law. When a Mitakshara Hindu father partitions his self-acquired property among his sons, the shares allotted to the sons become their separate and absolute properties. Such property does not acquire the character of ancestral or coparcenary property in the hands of the sons with reference to their own children. Karnataka High Court.

  • 19-June-2026
  • Daksha Legal
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  The first charge created under the Employees’ Provident Funds and Miscellaneous Provisions Act prevails over the SARFAESI Act. The security interest created under the SARFAESI Act cannot prevail over the dues payable under the EPFMP Act. Karnataka High Court. 2026 Daksha Legal Kar 332-340

  • 19-June-2026
  • Daksha Legal
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  Constitution of India. Article 329. Grievance regarding improper rejection of nomination paper can be agitated only through an election petition after the election, and courts cannot carve out exceptions based on the perceived gravity of the illegality, as doing so would undermine the constitutional scheme governing election disputes. Supreme Court.

  • 18-June-2026
  • Daksha Legal