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  In international child custody disputes, jurisdiction is determined by the child’s ordinary residence. Where the child has been substantially raised abroad, Indian courts, guided by comity of nations and the child’s best interests, ordinarily decline merits adjudication and direct return to the country of habitual residence for custody determination. Karnataka High Court. 2026 Daksha Legal Kar 151-172

  • 02-June-2026
  • Daksha Legal
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  Group of Companies Doctrine. A non-signatory company cannot be dragged into arbitration merely because it belongs to the same corporate group and assisted in contract administration unless there is a common intention to be bound by the arbitration agreement. Bombay High Court.

  • 02-June-2026
  • Daksha Legal
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  Group of Companies. Arbitration agreement entered into by a Company within a group of companies binds non-signatory affiliates if the circumstances are such as to demonstrate the mutual intention of the parties to bind both signatories and non-signatories. Supreme Court.

  • 02-June-2026
  • Daksha Legal
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  Suit for possession. When plea of adverse possession fails, question of limitation to institute the suit cannot be pleaded/raised against the plaintiff. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Constitution of India. Article 243-U. When term of elected councillors of a Municipality is disrupted by appointment of an administrator, the councillors cannot claim extension for the period the administrator was in charge. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Civil Procedure Code. A pure question of law, such as maintainability of a suit, can be raised at any stage of the proceedings, including in appeal, and even in the absence of specific pleading to that effect. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Easements Act. To claim protection under Section 60(b) against revocation of a licence, it must be established that the permanent construction was made acting upon the licence granted by the owner. Construction undertaken on the basis of permission from a third party or lessee, without the owner’s authority, does not render the licence irrevocable. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Forest (Conservation) Act. Land notified as a 'District Forest' or 'Reserved Land' constitutes 'Forest Land' Any non-forest activity including stone crushing or mining on such land is strictly prohibited without prior approval from the Central Government. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Criminal investigation cannot be used to examine alleged professional misconduct of advocates. Questions concerning professional misconduct of an advocate fall primarily within the disciplinary jurisdiction of the Bar Council. Police investigation cannot be used as a substitute for disciplinary proceedings. Bombay High Court.

  • 01-June-2026
  • Daksha Legal
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  A contractual stipulation that arbitration proceedings shall be conducted at a specified place, in the absence of any contrary indication, designates that place as the seat of arbitration, thereby vesting supervisory jurisdiction in the High Court exercising territorial jurisdiction over such seat. Delhi High Court

  • 01-June-2026
  • Daksha Legal
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  Inclusion in electoral roll raises only a rebuttable presumption of validity; it does not curtail the Election Commission’s power to conduct Special Intensive Revision or delete ineligible names from the voters’ list. Supreme Court.

  • 28-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Non-impleadment of firm as party before the arbitrator is not fatal where all partners are already parties. Karnataka High Court.

  • 27-May-2026
  • Daksha Legal