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  Motor Vehicles Act. The Tribunal constituted under the Act cannot remain a silent spectator and must play an active role in detecting and preventing fraudulent claims arising from fabricated or staged accidents, particularly since insurance companies deal with public money. Karnataka High Court.

  • 13-August-2026
  • Daksha Legal
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  The power of the State Government to appoint a Special Public Prosecutor under Section 24(8) of the CrPC cannot be exercised mechanically, as a matter of routine, or solely at the behest of private complainant. Displacement of a regular Public Prosecutor requires demonstrable ‘special circumstances.’ Karnataka High Court.

  • 13-August-2026
  • Daksha Legal
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  Interpretation of Statutes. An amendment styled as ‘for the removal of doubts’ that substantively alters legal liabilities or expands the tax base cannot retroactively impose penal or withholding consequences on past transactions conducted lawfully under the prevailing judicial interpretation at that time. Karnataka High Court.

  • 13-August-2026
  • Daksha Legal
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  Criminal Procedure Code — Section 197. A subsequent notification requiring prior sanction for prosecution does not invalidate cognizance lawfully taken when no such requirement existed. The notification does not affect proceedings in which cognizance had already been taken. Supreme Court. 2026 Daksha Legal SC 319.

  • 12-August-2026
  • Daksha Legal
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  BNSS. An inquest under Section 194 is confined to ascertaining the apparent cause of death and cannot be expanded into a roving criminal investigation or used as a means to harass doctors or hospital staff. Karnataka High Court.

  • 19-August-2026
  • Daksha Legal
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  Criminal Law — Sections 153A, 295A and 505(2) IPC. Mere expression of views does not constitute an offence unless the requisite mens rea is established. The Sections require intent to promote communal disharmony and deliberate and malicious intent to outrage religious feelings. Karnataka High Court.

  • 14-August-2026
  • Daksha Legal
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  Karnataka Co-operative Societies Act. When the Board of a Primary Co-operative Society is superseded or a Special Officer is appointed the Primary Society and its appointed delegate lose the statutory right to vote in elections to a Secondary Society, even if the delegate’s name was previously finalized in the electoral roll. Karnataka High Court.

  • 11-August-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. The 30-day timeline prescribed for filing an application for correction or interpretation of an award under Section 33 is strict and can be varied or extended only by mutual agreement of the parties, and not by judicial condonation of delay. Karnataka High Court. 2026 Daksha Legal Kar 979

  • 11-August-2026
  • Daksha Legal
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  Income Tax Act. An assessee cannot be held in default for failure to deduct tax pursuant to a retrospective statutory amendment. The obligation to deduct tax is governed by the law prevailing on the date of payment or credit, as no person can be compelled to perform an impossible obligation retrospectively. Karnataka High Court.

  • 12-August-2026
  • Daksha Legal
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  Limitation Act. A suit for declaration of title is governed by Article 58. A mere adverse, unauthorized, or wrong entry in the cultivator's column of revenue records does not automatically trigger the limitation period. The ‘right to sue first accrues’ only when there is a clear, unequivocal, and explicit threat to infringe the plaintiff's title. Karnataka High Court. 2026 Daksha Legal Kar 992.

  • 12-August-2026
  • Daksha Legal
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  A registered sale deed does not become void merely because the full sale consideration was not paid; the remedy for unpaid consideration is recovery of the balance amount, not cancellation of the sale deed. Supreme Court. 2026 Daksha Legal SC 327.

  • 10-August-2026
  • Daksha Legal
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  Industrial Disputes Act. Failure to obtain approval under Section 33(2)(b) does not obliterate the underlying charges of misconduct or invalidate the prior domestic inquiry. The Labour Court or Industrial Tribunal retains jurisdiction in proceedings under Section 10 or Section 33A to adjudicate the merits of the alleged misconduct and determine the validity of the disciplinary action. Karnataka High Court.

  • 10-August-2026
  • Daksha Legal