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  Quashing of criminal proceedings on the basis of settlement. A 'victim' is distinct from an 'informant' in a criminal case. Quashing of criminal proceedings upon settlement can be done only at the behest of the victim and not at the behest of the informant. Supreme Court. 2026 Daksha Legal SC 475

  • 02-September-2026
  • Daksha Legal
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  Personal liberty. An order of externment cannot be passed merely on the ground that multiple criminal cases have been registered or that the alleged conduct has generated resentment and public outrage among members of certain communities, unless the situation is so grave as to necessitate externment. Supreme Court. 2026 Daksha Legal SC 489

  • 01-September-2026
  • Daksha Legal
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  Judicial review. A writ court cannot dispense with a mandatory statutory requirement or grant relief inconsistent with it while sustaining its validity nor can the court exercise powers of relaxation vested exclusively in the statutory regulator. Karnataka High Court

  • 01-September-2026
  • Daksha Legal
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  Charges recovered by Banks for non-maintenance of Minimum Average Balance, which are in the nature of penalty for breach of a contractual condition and not consideration for any service rendered, cannot be subjected to Service Tax under the Finance Act. Karnataka High Court.

  • 01-September-2026
  • Daksha Legal
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  ‘’Elephant corridors constitute critical ecological linkages. Housing is not the only requirement for human existence. Ecology, wildlife, forest, water streams etc., all are equally important for human existence’’. Karnataka High Court quashes the housing project undertaken by the Karnataka Housing Board.

  • 31-August-2026
  • Daksha Legal
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  Medical Negligence. Where the medical opinion itself recognizes the course adopted by the doctor as a normal alternative and valid consent mentioning both options exists on record without any allegation of interpolation, and no malice is attributed, the criminal proceedings cannot continue. Supreme Court

  • 31-August-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Interim orders protecting the subject matter of arbitration may be passed against a stranger. A person who voluntarily intervenes in the proceedings but fails to prima facie establish an independent right, title or interest cannot wriggle out of the binding nature of preventive orders that may be granted to preserve the subject matter of the arbitration. Karnataka High Court

  • 31-August-2026
  • Daksha Legal
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  Where the prosecution fails to prove the victim’s minority under the POCSO Act, the accused cannot be convicted of rape in the absence of a specific charge for that offence. Karnataka High Court issues guidelines for the Judicial Officers conducting criminal trials

  • 31-August-2026
  • Daksha Legal
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  Criminal Trespass. Mere entry upon land over which rival claims are asserted does not constitute criminal trespass unless accompanied by the requisite criminal intent. A person entering property under a claim of right founded on a registered sale deed cannot be accused of criminal trespass. Karnataka High Court. 2026 Daksha Legal Kar 1122

  • 31-August-2026
  • Daksha Legal
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  CCTV footage collected during investigation and forming part of the prosecution’s own record can be considered under Section 482 CrPC. Where such footage is admitted, unrefuted and of unimpeachable provenance and reliability, and demonstrably negates the accused’s participation in the alleged offence, it cannot be lightly brushed aside. Supreme Court. 2026 Daksha Legal SC 462

  • 31-August-2026
  • Daksha Legal
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  Criminal Law. Mere use of the word ‘bastard’, by itself, is not sufficient to invoke Section 294(b) Indian Penal Code since such words are commonly used in modern era during heated conversations. Supreme Court.

  • 28-August-2026
  • Daksha Legal
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  Motor Vehicles Act. ‘’Pay and Recover’’ principle cannot be applied to direct an insurer to pay compensation where the tortfeasor owner-rider is the claimants' father and husband of the deceased. Karnataka High Court.

  • 28-August-2026
  • Daksha Legal