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  Order VIII Rule 1 CPC. Extension of time to file Written Statement beyond the prescribed period can be granted only in exceptional cases upon showing cogent and bona fide reasons. Mere change of Advocate or negligence cannot justify condonation of enormous delay, as it defeats the legislative object of expeditious disposal of civil suits. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. A driving licence covers ‘class of vehicle’ and not ‘specific type’. Light Motor Vehicle includes transport vehicles falling within that class and a person holding a valid LMV licence is legally competent to drive such transport vehicles and no separate transport endorsement is necessary. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  Motor Vehicles Act. In appeals arising out of awards passed under the Act, the Court is required to apply and examine the law prevailing as on the date of consideration of the appeal. The determination of compensation must be made in accordance with the contemporaneous legal position governing the field. Karnataka High Court.

  • 08-May-2026
  • Daksha Legal
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  2026 Daksha Legal Kar 97-109. A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if such 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. (Ref). Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Preventive detention. Failure to specifically state the grounds of detention in the Detention Order vitiates the exercise of preventive detention. Preventive detention cannot be invoked merely on the existence of pending criminal cases, particularly when the allegations are capable of being effectively addressed under the ordinary criminal law. Karnataka High Court.

  • 07-May-2026
  • Daksha Legal
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  Representation of the People Act. Hand Book for Returning Officer. Duty cast on the Returning Officer to re-verify rejected postal ballots, where the margin of victory is less than the number of postal ballots rejected, is mandatory. Karnataka High Court orders recount of the postal ballots.

  • 07-May-2026
  • Daksha Legal
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  2026 Daksha Legal SC 114-124. Specific Relief Act. It is not mandatory for a plaintiff to move an application under Section 28 to annul the judgement since the Court can treat the contract as having rescinded for non-compliance of the condition in the decree. Supreme Court.

  • 06-May-2026
  • Daksha Legal
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  Karnataka High Court upholds jurisdiction of the Central Electricity Regulatory Commission to regulate inter-State transmission and open access transactions. Court directs structural separation of State Load Despatch Centre from Karnataka Power Transmission Corporation Limited, recognising inherent conflict of interest.

  • 06-May-2026
  • Daksha Legal
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  Habeas Corpus. Custody of child with father cannot be termed as illegal detention since the issue can be considered by a competent Family Court. Karnataka High Court

  • 06-May-2026
  • Daksha Legal
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  Employees’ Pension Scheme. Employees contributing to the Provident Fund on actual wages exceeding the statutory ceiling are entitled to exercise joint option for higher pension. Such right cannot be denied on the ground of absence of prior option, lack of contribution to the pension fund on higher wages, or restrictive Trust Rules. Karnataka High Court.

  • 05-May-2026
  • Daksha Legal