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Judgements
Order XX Rule 18 CPC. A successful party need not initiate independent, fresh final decree proceedings. The Trial Court is mandated to suo motu keep the suit pending and immediately take consequential steps to partition the property by metes and bounds, or order a judicial sale if it is physically impartible. Supreme Court. 2026 Daksha Legal SC 66-74.
20-May-2026
Daksha Legal
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. 2026 Daksha Legal Kar 32-56.
19-May-2026
Daksha Legal
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. 2026 Daksha Legal SC 50-65.
18-May-2026
Daksha Legal
Bigamy. Section 494 IPC. 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. 2026 Daksha Legal Kar 25-31.
18-May-2026
Daksha Legal
Real Estate (Regulation and Development) Act. When a recovery certificate is issued by the RERA under Section 40 the designated revenue authorities have a mandatory statutory obligation to execute said certificate and recover the dues as arrears of land revenue. The Court may issue a writ of mandamus to compel the recovery within a specified timeframe. Karnataka High Court. 2026 Daksha Legal Kar 23-24.
17-May-2026
Daksha Legal
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. 2026 Daksha Legal SC 35-49.
17-May-2026
Daksha Legal
A tenant cannot withhold possession of the subject property till the security deposit is refunded. The remedy available to the tenant is to sue the landlord for refund of the security deposit after handing over possession. Karnataka High Court. 2026 Daksha Legal Kar 1-22.
17-May-2026
Daksha Legal
Courts are enduring pillars of the justice delivery system, transcending the temporary roles of judges, advocates and staff. The dignity, credibility and supremacy of the judicial institution must be preserved, and every citizen owes a duty to uphold its sanctity. Supreme Court 2026. Daksha Legal SC 1-34.
11-May-2026
Daksha Legal
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if the interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. Delhi High Court.
08-May-2026
Daksha Legal
Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court. 2026 Daksha Legal Kar 129-138
08-May-2026
Daksha Legal
Motor Vehicles Act. Assessment of physical disability made by a qualified ‘Medical Practitioner’ can validly be relied upon. Such assessment cannot be rejected merely because the doctor is not an Orthopaedic Surgeon. Karnataka High Court.
08-May-2026
Daksha Legal
Motor Vehicles Act. While computing compensation in cases involving the death of a housewife, addition towards future prospects is permissible. The contribution of a housewife to the care, welfare and upbringing of the family increases with age and experience, and therefore future prospects must be added to the notional income while assessing loss of dependency. Karnataka High Court.
08-May-2026
Daksha Legal
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