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  Code of Criminal Procedure. Section 319. While the power under Section 319 Cr.P.C. requires a higher degree of satisfaction than a mere prima facie case, the trial court has the discretion to decide the application with or without waiting for cross-examination based on the cogency of the examination in chief. Unsubstantiated defenses such as a plea of alibi raised by proposed accused cannot be used to defeat a Section 319 application at the threshold, as the burden of proving an alibi rests entirely on the accused during the course of the trial. Karnataka High Court.

  • 30-July-2026
  • Daksha Legal
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  Motor Vehicles Act. Where a fatal accident is caused by the rash and negligent driving of an uninsured/unlicensed owner of the vehicle and who is also the father of the claimants and husband of the deceased, the equitable principle of ‘Pay and Recover’ cannot be invoked against the insurance company. Consequently, for policy condition breaches involving intra-familial tortfeasors, the insurer is completely exonerated. Karnataka High Court.

  • 30-July-2026
  • Daksha Legal
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  Though a Lokayukta report is not a decree, it becomes binding on statutory authorities once affirmed by the High Court and the Supreme Court. Karnataka High Court deprecates the BDA for violating the rules and depriving a landowner of his right of way to benefit a real estate developer, in disregard of the affirmed Lokayukta report.

  • 30-July-2026
  • Daksha Legal
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  National Commission for Scheduled Castes has only investigative and recommendatory powers under Article 338 of the Constitution and cannot adjudicate service disputes or issue binding directions. Supreme Court.

  • 29-July-2026
  • Daksha Legal
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  Hindu Succession Act. A daughter is entitled to an equal share in coparcenary/joint ancestral property irrespective of whether she was born before or after 1956. Denying coparcenary rights to a daughter born prior to 1956 violates the mandate of equality under Article 14 of the Constitution of India. Karnataka High Court.

  • 29-July-2026
  • Daksha Legal
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  A mere subsequent failure to repay a loan or perform a contractual obligation, even after a long-standing relationship involving multiple transactions, does not retrospectively convert a civil dispute into a criminal offence. Where the complaint contains no specific averment of deception or dishonest inducement at the outset, the essential ingredients of cheating are not made out and the criminal proceedings are liable to be quashed. Karnataka High Court.

  • 29-July-2026
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Occupancy rights cannot be granted on the basis of oral evidence when official revenue records unequivocally establish that the land was Beelu (fallow) or otherwise uncultivated on the appointed day. In such circumstances, the statutory requirement of cultivation is not satisfied. Karnataka High Court.

  • 29-July-2026
  • Daksha Legal
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  Fraud vitiates all judicial proceedings. Where a motor accident claim is founded on fabricated evidence, suppression of material facts or false pleadings, the Court is justified in rejecting the claim in its entirety. Karnataka High Court.

  • 27-July-2026
  • Daksha Legal
• 

  Karnataka Land Reforms Act. When agricultural land was under cultivation by the original family member prior to the crucial date, the conferment of occupancy rights in the individual name of a single family member enures to the benefit of the entire joint family. Karnataka High Court.

  • 28-July-2026
  • Daksha Legal
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  Hindu Succession Act. Section 5(ii). Private properties of the Ruler will be governed in terms of the personal law of the parties and impartible estate as that of perceived throne would devolve according to the rule of primogeniture. The Section does not deprive legal heirs of partition in private joint family estates. Karnataka High Court. 2026 Daksha Legal Kar 746

  • 31-July-2026
  • Daksha Legal
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  Motor Vehicles Act. Income Tax Returns are reliable statutory documents that cannot be disregarded by a Claims Tribunal for assessing the income of a deceased person merely because supporting educational certificates or business licenses were not produced. Karnataka High Court.

  • 28-July-2026
  • Daksha Legal
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  Writ petition against a Trade Union to restrain the proposed strike during the pendency of conciliation proceeding, as a general rule is not maintainable. Such recourse may be available in exceptional circumstances, brought about in a given case. Karnataka High Court. 2026 Daksha Legal Kar 781

  • 29-July-2026
  • Daksha Legal