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  Will. Mere exclusion of the natural heirs from the property of the testator, by itself, does not invalidate a Will unless the exclusion is accompanied by suspicious circumstances affecting the genuineness or due execution of a Will. Supreme Court. Daksha Legal SC 102-113.

  • 22-May-2026
  • Daksha Legal
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  Evidence Act. A standalone affidavit of a witness cannot be treated as substantive evidence or legal proof of a fact unless the deponent actively presents themselves for cross-examination in court. Supreme Court. 2026 Daksha Legal SC 102-113

  • 23-May-2026
  • Daksha Legal
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  ‘No waiver against the statutory right’. Mere delay in approaching the Court for maintenance does not disentitle wife, parents or children from claiming maintenance under Section 125 Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 91-96.

  • 22-May-2026
  • Daksha Legal
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  Section 231(2) Cr.P.C. Where multiple witnesses are set to testify on the same set of facts, and a reasonable apprehension of 'tutoring' or 'overlapping testimony' is raised by the defense, the Trial Court is legally bound to defer the cross-examination of key witnesses until the examination-in-chief of other related witnesses is completed. Failure to do so constitutes a manifest error of jurisdiction that undermines the fairness of the trial. Karnataka High Court. 2026 Daksha Legal Kar 77-90.

  • 21-May-2026
  • Daksha Legal
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  Motor Vehicles Act. A claimant has the right to elect only one of two available forums either the Motor Accident Claims Tribunal or the Commissioner for Workmen's Compensation. 'Doctrine of Election' bars the dual pursuit of remedies for the same cause of action. Karnataka High Court. 2026 Daksha Legal Kar 74-76.

  • 22-May-2026
  • Daksha Legal
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  2026 Daksha Legal Kar 67-73. Employee’s Compensation Act. The liability of an insurance company under the Act is strictly governed by the terms of the insurance contract. When a policy is issued based on a specific declaration of wages and a specific category of risk, the insurer’s liability to indemnify the employer is limited to those declared values. Karnataka High Court.

  • 21-May-2026
  • Daksha Legal
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  2026 Daksha Legal Kar 57-66. Suit for specific performance. A person who asserts an independent title to the subject property through a registered instrument is a 'proper party' under Order I Rule 10(2) of the CPC. Although such a person may not be a party to the underlying agreement to sell, their impleadment is essential to ensure a complete and effective adjudication of the dispute and to avoid the risk of conflicting judicial findings or a multiplicity of subsequent litigations regarding the same property. Karnataka High Court.

  • 20-May-2026
  • Daksha Legal
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  SC/ ST (Prevention of Atrocities) Act. An offence is constituted only when the alleged insult or caste-based abuse occurs ‘in a place within public view’. Even if the occurrence takes place in a private place, it must be visible or accessible to public gaze so that members of the public are capable of witnessing what transpired. Supreme Court. 2026 Daksha Legal SC 93-101.

  • 20-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. The appellate jurisdiction under Section 37 is supervisory and narrower than the scope under Section 34. The Court cannot re-appreciate evidence or substitute its own interpretation of the contract in place of that adopted by the Arbitral Tribunal, so long as the Tribunal’s view is a ‘plausible’ or ‘possible’ one. Karnataka High Court

  • 21-May-2026
  • Daksha Legal
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  Suit for partition. A plaint claiming relief in excess of what may be ultimately decreed is not rendered barred by law. Plaint cannot be rejected on this ground. Supreme Court. 2026 Daksha Legal SC 75-92.

  • 19-May-2026
  • Daksha Legal
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  ‘Interlocutory res judicata.’ A party which has once succeeded or failed on an issue cannot re-agitate the same at a subsequent stage of the same proceedings. Supreme Court. 2026 Daksha Legal SC 75-92.

  • 19-May-2026
  • Daksha Legal
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  Hindu Succession Act. Section 6(5) A plea of oral partition based solely on oral evidence must be rejected outright and only in exceptional cases, where such a plea is supported by public documents and is evinced in the same manner as a partition effected by a court decree, may it be entertained. Supreme Court. 2026 Daksha Legal SC 75-92.

  • 20-May-2026
  • Daksha Legal