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Daksha Legal
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2026
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Judgements
A clause in a registered lease deed permitting a lessee an option to request a renewal of the lease term upon its expiry does not vest an absolute or enforceable legal right in the lessee to compel the lessor to renew the lease, unless the lessor mutually agrees and executes a fresh registered lease deed. Karnataka High Court.
28-October-2026
Daksha Legal
Insolvency and Bankruptcy Code. The improved profitability of the Corporate Debtor alone cannot be a reason to refuse approval of the Resolution Plan if the plan meets the requirements under Section 30 (2). Supreme Court.
27-October-2026
Daksha Legal
Land acquisition. An agreement with a third party to facilitate acquisition of lands for developing a housing scheme, with an undertaking to facilitate steps under the LA Act of 1894, even before such housing schemes were brought under the nomenclature of public purpose, is a fraud that unravels the entire acquisition proceedings. Supreme Court restores the Karnataka High Court judgement of Justice D V Shylendra Kumar.
27-October-2026
Daksha Legal
Rejection of Plaint. Order II Rule 2 CPC requires comparison of the causes of action in successive suits and may involve examination of evidence, whereas Order VII Rule 11(d) confines the enquiry to the plaint and its accompanying documents. A bar under Order II Rule 2 may result in dismissal of the suit but cannot justify rejection of the plaint under Order VII Rule 11(d). Supreme Court. 2026 Daksha Legal SC 789.
26-October-2026
Daksha Legal
Amendment of Pleadings. Amendment to correct property boundaries may be permitted if it is necessary for resolving the real controversy between the parties and affords the opposite party a fair opportunity to respond, even if sought after the filing of the written statement. Supreme Court. 2026 Daksha Legal SC 785
26-October-2026
Daksha Legal
Civil Procedure Code. Order XIV Rule 6. Though the framing of issues in an ex parte suit is not mandatory, the courts must determine ‘points for determination’, which are like issues, and answer them to resolve the matter of controversy between the parties. Supreme Court. 2026 Daksha Legal SC 778.
24-October-2026
Daksha Legal
Arbitration and Conciliation Act. A contractual clause merely providing that disputes ‘can be settled by arbitration’ is permissive and does not constitute a binding arbitration agreement, as it neither mandates arbitration nor reflects an unequivocal intention of the parties to submit disputes to arbitration. Supreme Court. 2026 Daksha Legal SC 769.
24-October-2026
Daksha Legal
Service Law. Maternity leave cannot be made a convenient shield against the consequences of a prolonged unauthorised absence. An appointment to public service cannot be regarded as a privilege to be enjoyed at convenience. Karnataka High Court upholds discharge of the probationary.
23-October-2026
Daksha Legal
Karnataka Police filing criminal cases against a doctor and social worker who reported the presence of illegal Bangladeshi immigrants in Bengaluru. Karnataka High Court quashes the criminal proceedings. Directions issued for the constitution and operationalisation of District-Level Committees to address illegal immigration.
22-October-2026
Daksha Legal
Cyber Crime – Terrorism Threat. Failure of one internet connection does not establish the impossibility of sending an email through alternative means. A false threat of terrorism does not cease to be a criminal offence merely because the accused had no intention of executing the threat. Karnataka High Court permits criminal prosecution of the cyber-crime accused. 2026 Daksha Legal Kar 1499.
22-October-2026
Daksha Legal
Prevention of Corruption Act. Demanding illegal gratification by a public servant is a pure criminal act unconnected to discharge of the official functions or duties. Prior approval under Section 17A is not required for investigating such an act which is unconnected with the recommendation made or decision taken. Supreme Court.
22-October-2026
Daksha Legal
Prospective, Retrospective and Retroactive Application of Laws. Should the Legislature expressly specify the prospective, retrospective or retroactive operation of laws to avoid interpretational disputes, conflicting judicial decisions and needless litigation? Karnataka High Court calls upon the Legislature, Law Commissions, jurists, Bar Councils, legal practitioners and other stakeholders to deliberate and evolve an effective solution.
21-October-2026
Daksha Legal
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