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Daksha Legal
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2026
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Judgements
National Highways Act. If the award was passed before 1 January 2015, solatium, interest and interest on solatium are payable under the Land Acquisition Act, 1894. If the award is passed after that date, the statutory benefits are governed by the 2013 Act, irrespective of when the acquisition proceedings commenced. Supreme Court. 2026 Daksha Legal Supreme Court 538
09-September-2026
Daksha Legal
POCSO Act. The Act contains no marital exception. Consequently, sexual intercourse with a minor wife constitutes penetrative/aggravated penetrative sexual assault under POCSO. Section 42A gives POCSO overriding effect to the extent of inconsistency with another law. Karnataka High Court
09-September-2026
Daksha Legal
Order XVIII Rule 18 CPC. Court cannot conduct local inspection of the property before recording the evidence. The exercise of power by the Court under the Rule should be generally after recording the evidence in the suit and only upon satisfaction that there is an ambiguity on factual aspects. Karnataka High Court. 2026 Daksha Legal Kar 1202
09-September-2026
Daksha Legal
Family Tree is not the same as Residential Certificate. Application for Family Tree/Genealogy Certificate cannot be rejected merely because the applicants/family members live in different jurisdictions. Karnataka High Court.
09-September-2026
Daksha Legal
Though a writ of quo warranto is maintainable even at the instance of a stranger, the jurisdiction to issue such a writ cannot be employed as a vehicle for the vindication of personal grievances arising from a selection process in which the petitioners were unsuccessful. Supreme Court.
09-September-2026
Daksha Legal
Industrial Disputes Act. Section 25FFA. Closure of Industrial undertaking. Conciliation Officer has no statutory power to restrain an employer from removing its own machinery after failed conciliation. Karnataka High Court
08-September-2026
Daksha Legal
Hindu Marriage Act. Persistent and unsubstantiated allegations of extramarital affairs against husband, causing reputational harm and adversely affecting his professional prospects as an actor, amount to cruelty. Karnataka High Court grants divorce to Kannada actor Duniya Vijay.
08-September-2026
Daksha Legal
Sexual Harassment. Mere accidental exposure of a private part while answering nature's call, in the absence of intentional exposure of the body to a woman for a sexual purpose, does not constitute the offence under Section 75(2) of the Bharatiya Nyaya Sanhita. Karnataka High Court.
08-September-2026
Daksha Legal
Criminal Law. A corporate entity can be prosecuted for offences involving mens rea, and the non-identification or non-arraignment of its directors or other natural persons is not, by itself, a ground to quash criminal proceedings against the company. Supreme Court.
08-September-2026
Daksha Legal
Reservation. When a post is reserved under the horizontal/special category of Persons with Disabilities and is classified as Unreserved/Open, the same is not confined to candidates belonging to the General category alone but is open to all candidates belonging to all vertical social categories, namely SC, ST and OBC, provided they are Persons with Disabilities. Supreme Court.
07-September-2026
Daksha Legal
Negotiable Instruments Act. Cheque issued by husband to wife towards settlement of matrimonial disputes constitutes a 'legally enforceable debt or liability'. The cannot be quashed at the threshold on the plea that such a cheque is not supported by a legally enforceable debt. Supreme Court.
07-September-2026
Daksha Legal
A document which is inherently unreadable does not attain readability merely by virtue of being placed on a judicial record. Taking cognizance of a criminal offence on the basis of blank or illegible documents reflects non-application of mind and renders the proceedings liable to be quashed. Karnataka High Court.
08-September-2026
Daksha Legal
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