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  Bigamy. Section 494 IPC. A Magistrate has no jurisdiction to take cognizance of an offence of bigamy based on a police report filed under Section 190(1)(b). A police report cannot be elevated to the status of a ‘complaint’ for offences falling under Chapter XX of the IPC. Karnataka High Court.

  • 28-January-2026
  • Daksha Legal
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  The procedure of granting the accused an opportunity of being heard at the stage of taking cognizance, as prescribed in the first proviso to Section 223(1) of the BNSS, does not apply to complaints for offences punishable under Section 138 of the Negotiable Instruments Act, 1881. Karnataka High Court.

  • 28-January-2026
  • Daksha Legal
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  Industrial Disputes Act. A finding on the fairness and propriety of a domestic enquiry recorded in proceedings under Section 33(2)(b) operates as res judicata in subsequent proceedings under Section 10, provided that the finding was reached after a comprehensive enquiry where parties were permitted to lead oral and documentary evidence. Karnataka High Court.

  • 28-January-2026
  • Daksha Legal
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  A mining lease granted in contravention of the mandatory minimum area requirements is void. Such a lease is ineligible for the benefit of ‘deemed extension’ since a statutory legal fiction cannot be invoked to validate or extend an interest that was void at its inception. Karnataka High Court.

  • 27-January-2026
  • Daksha Legal
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  High Court will not exercise its extraordinary jurisdiction to grant interim bail solely on the grounds of ‘mercy’ or ‘humanitarian sympathy’ if the arrest proceedings do not depict a blatant non-application of mind or illegality. The proper remedy for such relief lies with the regular bail court. Karnataka High Court.

  • 23-January-2026
  • Daksha Legal
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  In a suit for specific performance, the vendor has to be impleaded as a party in the appeal and on his death, on non-substitution of his heirs /legal representatives, the appeal would abate. Supreme Court.

  • 27-January-2026
  • Daksha Legal
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  A transferee lis pendens is not a necessary party in a suit for specific performance since such transferee’s title is subservient to the decree that may ultimately be passed in the pending suit. Supreme Court.

  • 23-January-2026
  • Daksha Legal
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  Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that vendor has transferred his interest in the subject matter of the agreement to a third party. Supreme Court.

  • 27-January-2026
  • Daksha Legal
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  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.

  • 28-January-2026
  • Daksha Legal
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  Amendment of pleading cannot be refused merely because it seeks to withdraw or explain an admission. Whether such an amendment should be allowed depends on the facts and circumstances of each case, since admissions are not always conclusive and may be erroneous, made bona fide, or of limited relevance to the outcome of the proceedings. Karnataka High Court.

  • 23-January-2026
  • Daksha Legal
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  Prevention of Money Laundering Act. The proceedings under the Act would fail only if the proceedings relating to the predicate offence vis-à-vis the accused has resulted in discharge/acquittal or quashment of the predicate offence. In the absence of such termination of the proceedings, there is no bar for continuance of the proceedings under the Act. Karnataka High Court.

  • 27-January-2026
  • Daksha Legal
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  Amendment of pleadings under Order VI Rule 17, CPC. An application for amendment cannot be dismissed on the ground of delay when the cause of action sought to be introduced is within the period of limitation. Karnataka High Court.

  • 22-January-2026
  • Daksha Legal