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  Hindu Succession Act. Section 24 prior to the 2005 amendment. The bar disentitling a remarried widow from inheriting her pre-deceased husband's share does not operate against his other heirs. The coparcenary interest passes in its entirety to his other surviving Class-I legal heirs and does not revert to the surviving coparceners. Madras High Court.

  • 16-September-2026
  • Daksha Legal
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  An Appellate Court exercising jurisdiction under Order XLIII Rule 1 read with Section 104 CPC cannot travel beyond the specific interlocutory reliefs prayed for in an application under Order XXXIX Rules 1 and 2. Granting interim relief that is materially different from or wider than the prayer sought constitutes a fundamental jurisdictional infirmity. Karnataka High Court.

  • 16-September-2026
  • Daksha Legal
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  Criminal Law. When sentences for offences arising from the same transaction are directed to run concurrently, the accused cannot be subjected to payment of double fine. The punishment must operate consistently with the principle of concurrent sentencing. Supreme Court.

  • 15-September-2026
  • Daksha Legal
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  Pension - An employee whose services have been declared to have been voluntarily abandoned cannot claim the benefit of pension under a Voluntary Retirement Scheme. The entitlement to pension must be determined with reference to the nature of cessation of service and the qualifying service prescribed under the applicable Pension Rules. Supreme Court.

  • 15-September-2026
  • Daksha Legal
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  Writ proceedings. A person directly and demonstrably affected by an interim order is entitled to seek impleadment and cannot be denied a hearing merely because he was not an original party to the writ petition or is a stranger to the controversy. Supreme Court.

  • 17-September-2026
  • Daksha Legal
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  Land acquisition. The interest component of 15% per annum payable as regards enhanced compensation in case of delay of more than one year as provided under Section 72 of RFCTLARR Act, 2013 cannot be extended to enhancement in terms of Section 3G(5) of N.H. Act. Karnataka High Court.

  • 16-September-2026
  • Daksha Legal
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  A diesel generator installed and operated in a shopping-mall does not require trade license or renewal thereof though the statutory permission under Section 354 of the Karnataka Municipal Corporations Act is required for the installation. Karnataka High Court.

  • 15-September-2026
  • Daksha Legal
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  N.I. Act. A director cannot be prosecuted under Section 138 of the NI Act merely because he, as a director, has signed Board Resolutions. Specific allegations showing that the accused was in charge of and responsible for the conduct of the company's business are necessary. Supreme Court.

  • 15-September-2026
  • Daksha Legal
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  Account holders/borrowers have no right to a personal or oral hearing before an account is declared/classified as 'fraud' under the Master Directions of the Reserve Bank of India, though the audit/forensic audit report must be disclosed and the borrower must be given an opportunity to respond, followed by a reasoned decision. Supreme Court.

  • 15-September-2026
  • Daksha Legal
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  Growing tendency to give criminal colour to property disputes, false allegations of outraging the modesty of women and false cases under the SC/ST (Prevention of Atrocities) Act to settle personal scores or wreak vengeance. Karnataka High Court quashes the criminal proceedings, terming their continuation an abuse of the process of law.

  • 12-September-2026
  • Daksha Legal
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  Quo Warranto. The Court’s inquiry is confined to the eligibility of the person appointed to hold the public office and does not extend to the suitability or wisdom of the appointment. Where the prescribed qualifications and eligibility are satisfied and the appointment is made by the competent authority in accordance with law, the Court cannot substitute its own assessment of suitability for that of the appointing authority. Karnataka High Court. 2026 Daksha Legal Kar 1215.

  • 12-September-2026
  • Daksha Legal
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  Where no concluded settlement was actually reached before the Lok Adalat, the Civil Court can recall the withdrawal of the civil suit and permit the suits to proceed. Only a genuine compromise reached and duly incorporated into a Lok Adalat award becomes final and binding and has the force of a civil-court decree. Karnataka High Court.

  • 12-September-2026
  • Daksha Legal