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  A time-barred claim for specific performance crumbles the foundation for any consequential relief seeking declaration of a sale deed as null and void. The plaint in such a suit is liable to be rejected under Order VII Rule 11 CPC. Karnataka High Court.

  • 29-August-2026
  • Daksha Legal
• 

  While an original Bill of Lading is generally superior evidence of title compared to a draft Bill of Lading, mere possession of an alleged original Bill of Lading does not automatically entitle a party to custody of goods if there are serious doubts, material discrepancies, missing explanations, or allegations of fraud and manipulation surrounding its issuance. Karnataka High Court.

  • 28-August-2026
  • Daksha Legal
• 

  Tender. Decision to blacklist is independent of the decision to terminate. The show cause notice must indicate the proposed decision to blacklist and the requirement of the contractor to respond to it. Supreme Court. 2026 Daksha Legal SC 449.

  • 27-August-2026
  • Daksha Legal
• 

  Section 239 BNS. ‘Intentional omission to give information of offence by person bound to inform’. The Section applies only when a person omits to provide information that he is independently and legally bound to give. Section 33 BNSS does not include sexual offences and a private citizen’s mere knowledge of and failure to report such an offence is not punishable under Section 239 BNS. Karnataka High Court.

  • 26-August-2026
  • Daksha Legal
• 

  Interpretation of Statutes. A non-obstante clause stating, ‘’notwithstanding anything contained in any other law,’’ gives the Section overriding effect only over conflicting provisions in other enactments. It does not override or nullify another provision contained in the same Act. Supreme Court.

  • 26-August-2026
  • Daksha Legal
• 

  Stamp Duty. Actual user of the property is the determining factor for valuation of land for stamp-duty purposes where the applicable Government circular so provides; mere classification of the area is not decisive. Supreme Court.

  • 28-August-2026
  • Daksha Legal
• 

  Domestic Violence Act. A party who has expressly relinquished monetary or maintenance claims cannot revive the same claims through subsequent proceedings merely on the allegations of coercion or duress. A major daughter who was not a party to the settlement retains her independent right to seek monetary relief in accordance with law. Supreme Court

  • 28-August-2026
  • Daksha Legal
• 

  Criminal Law. Where an FIR is ante-timed or prepared after the police reach the scene and commence investigation, following deliberation or consultation, it loses its evidentiary value and is treated as a statement made during investigation, attracting the bar under Section 162 CrPC. Karnataka High Court.

  • 27-August-2026
  • Daksha Legal
• 

  A Legal Services Authority or Committee organizing a Lok Adalat acts merely as a referring body for pre-litigation disputes and cannot usurp the functions of a Lok Adalat by itself taking cognizance of or passing awards in such matters. Such an award is null, void, and liable to be quashed under Articles 226 and 227 of the Constitution. Karnataka High Court.

  • 26-August-2026
  • Daksha Legal
• 

  Personal Liberty. Undue delay in consideration of life convict's premature release application despite completion of the eligible sentence period. Karnataka High Court extends interim relief/parole until final administrative orders are formally passed by the State Government.

  • 25-August-2026
  • Daksha Legal
• 

  A plaint in a partition suit cannot be rejected under Order VII Rule 11 CPC for non-payment of Ad Valorem court fee when the question of joint possession and the applicable court fee depend upon disputed facts requiring evidence. Supreme Court. 2026 Daksha Legal SC 443.

  • 26-August-2026
  • Daksha Legal
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  Auction Sale under the SARFAESI Act: A non-statutory earnest money deposit condition incorporated in an auction notice merely to filter out non-serious bidders is not an essential eligibility requirement. An auction sale cannot be set aside solely for non-compliance with such a condition. Supreme Court.

  • 27-August-2026
  • Daksha Legal