Judgements

An order of externment is an extraordinary measure that restricts a citizen's fundamental right to freedom of movement; therefore, it cannot be passed on the basis of vague or 'omnibus' allegations. Failure to meet the mandatory requirements renders the externment order arbitrary and liable to be quashed. Karnataka High Court.

23-April-2026

Daksha Legal
Service Law. An order of suspension against a public servant cannot continue indefinitely, particularly when the suspension is based solely on the pendency of a criminal case and no domestic disciplinary proceedings have been initiated within a reasonable timeframe. Karnataka High Court. 2026 Daksha Legal Kar 110

23-April-2026

Daksha Legal
Criminal Law. Sentencing. Where the guilt of the accused is established, but the offender is of relatively young age and a first-time offender, the Court may lean towards a reformative sentencing approach, substituting incarceration with the imposition of a substantial or enhanced fine. Karnataka High Court.

23-April-2026

Daksha Legal
A registered sale deed that recites transfer of ownership and passing of consideration is legally valid, even if a portion of the sale price remains unpaid. Failure to pay the balance of the purchase price will not render the sale deed void. Karnataka High Court.

22-April-2026

Daksha Legal
Waqf Act. The right to institute proceedings for declaration of title or recovery of possession of Waqf property vests primarily in the Waqf Board or its duly authorised Chief Executive Officer. A “person interested in the Waqf” has no independent or inherent locus standi to initiate such recovery proceedings in his individual capacity before the Waqf Tribunal. Karnataka High Court.

22-April-2026

Daksha Legal
Order XXI Rule 90(3) CPC. An application to set aside a judicial sale is not maintainable on grounds which the applicant could and ought to have raised on or before the date of settlement of the sale proclamation. Where the judgment debtor, during his lifetime, fails to challenge the execution proceedings or the sale proclamation, his legal representatives cannot subsequently resurrect such barred objections. Karnataka High Court.

22-April-2026

Daksha Legal
Order VI Rule 17 CPC. When the essential factual basis is already present in the original pleadings, a post-trial amendment sought merely to 'elaborate' or 'cover up latches' defeats the objective of a speedy trial and is liable to be denied. Karnataka High Court.

22-April-2026

Daksha Legal
A second wife, during the subsistence of her husband’s first marriage, is not a legal heir of her deceased husband. She is not entitled to a share in his property, and her right is limited only to maintenance. Karnataka High Court.

21-April-2026

Daksha Legal
Negotiable Instruments Act: Recording of the statement of the accused under Section 313 Cr.P.C. after the sworn statement of the complainant, but before the cross-examination, is not fatal to the proceedings under the Act, especially when the complainant’s statement was recorded in the presence of the accused. Karnataka High Court.

21-April-2026

Daksha Legal
Lawyers vs Media Clash. Where the prosecuting agency, despite liberty reserved by the Court, remains inactive for an inordinate period and subsequently seeks to revive criminal proceedings on the same unaltered factual foundation, such revival cannot be construed as a legitimate exercise of liberty but amounts to its misuse. Karnataka High Court quashes proceedings against TV9.

21-April-2026

Daksha Legal
Negotiable Instruments Act: After the introduction of the Electronic Clearance System, manual intervention is dispensed with, and a bank endorsement without a specific seal or signature of a bank officer is valid in law. Karnataka High Court.

21-April-2026

Daksha Legal
Order 2 Rule 2 CPC. Where the right to relief in respect of which a further suit is brought did not exist at the date of institution of the former suit, the subsequent suit is not barred. Supreme Court.

21-April-2026

Daksha Legal

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