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  2026 Daksha Legal Kar 23-24. Real Estate (Regulation and Development) Act. When a recovery certificate is issued by the RERA under Section 40 the designated revenue authorities have a mandatory statutory obligation to execute said certificate and recover the dues as arrears of land revenue. The Court may issue a writ of mandamus to compel the recovery within a specified timeframe. Karnataka High Court.

  • 17-May-2026
  • Daksha Legal
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  2026 Daksha Legal SC 35-49. Principle of res judicata applies between two stages in the same litigation to the extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings. Supreme Court.

  • 17-May-2026
  • Daksha Legal
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  2026 Daksha Legal Kar 1-22. A tenant cannot withhold possession of the subject property till the security deposit is refunded. The remedy available to the tenant is to sue the landlord for refund of the security deposit after handing over possession. Karnataka High Court.

  • 17-May-2026
  • Daksha Legal
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  2026 Daksha Legal SC 1-34. Courts are enduring pillars of the justice delivery system, transcending the temporary roles of judges, advocates and staff. The dignity, credibility and supremacy of the judicial institution must be preserved, and every citizen owes a duty to uphold its sanctity. Supreme Court

  • 11-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if the interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. Delhi High Court.

  • 08-May-2026
  • Daksha Legal
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  Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Order VIII Rule 1 CPC. Extension of time to file Written Statement beyond the prescribed period can be granted only in exceptional cases upon showing cogent and bona fide reasons. Mere change of Advocate or negligence cannot justify condonation of enormous delay, as it defeats the legislative object of expeditious disposal of civil suits. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. A driving licence covers ‘class of vehicle’ and not ‘specific type’. Light Motor Vehicle includes transport vehicles falling within that class and a person holding a valid LMV licence is legally competent to drive such transport vehicles and no separate transport endorsement is necessary. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. In appeals arising out of awards passed under the Act, the Court is required to apply and examine the law prevailing as on the date of consideration of the appeal. The determination of compensation must be made in accordance with the contemporaneous legal position governing the field. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal