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Daksha Legal
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2026
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Judgements
Prevention of Corruption Act. Trap money paid by a complainant does not lose his ownership merely because it becomes evidence in a corruption case; the State cannot compel him to await conclusion of the trial and must reimburse an equivalent amount from the State exchequer. Karnataka High Court. 2026 Daksha Legal Kar 1037.
14-August-2026
Daksha Legal
Insolvency and Bankruptcy Code. A continuing contract does not create a continuing cause of action for an unpaid debt. A Section 9 IBC application must be filed within three years from the date of default, and IBC proceedings cannot be used to revive a time-barred operational debt. Supreme Court
14-August-2026
Daksha Legal
Section 96 CPC. A single composite appeal is maintainable against a common judgment disposing of two civil suits instituted by the same plaintiff. Supreme Court. 2026 Daksha Legal SC 502.
14-August-2026
Daksha Legal
Limitation Act. The period spent pursuing insolvency proceedings cannot be excluded under Section 14 to institute a civil suit, since such proceedings are not prosecuted for obtaining the same relief. Supreme Court. 2026 Daksha Legal SC 512.
14-August-2026
Daksha Legal
Auction sale under SARFAESI. Failure to deposit the sale consideration within the prescribed period, without a legally valid written extension, vitiates the auction process. Even a confirmed sale is not immune from judicial scrutiny where the procedure leading to the sale is legally defective or contrary to the SARFAESI Rules. Karnataka High Court.
14-August-2026
Daksha Legal
Sexual Harassment. Public authorities cannot shield ‘Wolf in White Coat’ doctor accused of sexual harassment from disciplinary action. Karnataka High Court directs initiation of action against the Principal Secretary/Additional Chief Secretary, Department of Medical Education, for protecting the doctor, while ordering the doctor’s suspension.
13-August-2026
Daksha Legal
Senior Citizens Act. The Tribunal may order eviction of a daughter-in-law, including a deceased son’s widow, to protect the senior citizen, but only as a discretionary measure where eviction is necessary and expedient, after considering competing claims, bona fide civil rights, and whether a lesser measure would suffice. Karnataka High Court. 2026 Daksha Legal Kar 1308
13-August-2026
Daksha Legal
Karnataka Gram Swaraj and Panchayat Raj Act. Power to inquire into and direct the removal of alleged encroachments on public sites rests primarily with the designated Competent Authority. The Chief Executive Officer being the appellate authority cannot directly entertain the original complaint of encroachment. Karnataka High Court.
14-August-2026
Daksha Legal
The Karnataka State Commission for SC/ST is purely a recommendatory, advisory, and fact-finding body. It has no authority to determine land title or issue directions to Revenue Authorities for mutation and khata transfer. Karnataka High Court.
14-August-2026
Daksha Legal
Criminal breach of trust. Money paid to a supplier towards the price of goods, including advance payment, becomes the supplier’s money as contractual consideration and is not held in trust or bailment. Failure to supply the goods after receiving payment may constitute a breach of contract, but not criminal breach of trust, in the absence of entrustment. Supreme Court.
14-August-2026
Daksha Legal
Transmission / distribution of electricity is an inherently dangerous activity. The applicable standard is strict liability under Rylands v. Fletcher and not absolute liability under M.C. Mehta Transmission company is liable subject to recognised exceptions to strict liability. Supreme Court.
13-August-2026
Daksha Legal
‘Freedom of Artistic Expression vs. Privacy and Fair-Trial Rights’. Mere pendency of criminal proceedings does not, by itself, justify restraining the exhibition of a film depicting similar incidents, particularly when the film has been duly certified for public exhibition by the Censor Board. Karnataka High Court.
12-August-2026
Daksha Legal
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