Judgements

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
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
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
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
Arbitration and Conciliation Act. An order of the Arbitral Tribunal under Section 16 is ordinarily challengeable only under Section 34 after the final award. The High Court may interfere under Article 227 only upon recording a prima facie finding of a patent lack of inherent jurisdiction, after hearing the rival parties. Supreme Court reiterates.

28-July-2026

Daksha Legal
Specific performance. Transfer of an undivided share in immovable property is legally valid. Joint ownership alone does not render an agreement to sell suspicious or unenforceable merely because the vendor’s co-sharer/brother was not made a signatory. Supreme Court

28-July-2026

Daksha Legal
‘’The judiciary commands neither the purse nor the sword’’ However, the Courts are duty-bound to ensure that their injunction orders do not remain mere paper decrees by granting police protection wherever necessary to secure their effective enforcement. Karnataka High Court. 2026 Daksha Legal Kar 733

26-July-2026

Daksha Legal
The power to grant police protection is ancillary to the Court's jurisdiction to ensure effective enforcement of a subsisting injunction. Each violation of the injunction order constitutes a fresh cause of action unaffected by the doctrine of res judicata. Karnataka High Court. 2026 Daksha Legal Kar 733

27-July-2026

Daksha Legal
A person whose complaint prompted the Municipality to initiate proceedings for alleged building violations may be impleaded as an intervenor in proceedings instituted by the building owner, only for the limited purpose of supporting and defending the municipal action. Karnataka High Court. 2026 Daksha Legal Kar 728

27-July-2026

Daksha Legal
A defense that a registered sale deed was merely nominal or executed as loan security involves disputed factual issues that require a full trial and cannot be adjudicated at the interlocutory stage. Registered conveyances supported by revenue records establish a prima facie case of title and possession for the grant of a temporary injunction. Karnataka High Court.

27-July-2026

Daksha Legal
Motor Vehicles Act. Where a victim dies long after the accident, the legal representatives must establish a clear link between the accident injuries and the death. In the absence of such proof, a claim for death compensation filed by the legal representatives is liable to be dismissed. Karnataka High Court

27-July-2026

Daksha Legal

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