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  The Indian Succession Act does not prescribe limitation for seeking probate. The right to apply for probate accrues only when the necessity for probate arises, and not upon the testator’s death. Supreme Court. 2026 Daksha Legal SC 352.

  • 17-July-2026
  • Daksha Legal
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  ‘’Superior Courts should be a friend, philosopher and a guide rather than wielding the heavy-handed baton of superior authority pointing out errors committed by its underlings’’. Supreme Court sets aside the High Court’s strictures against the Subordinate Judge.

  • 17-July-2026
  • Daksha Legal
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  ‘’The right to live with dignity extends to prisoners. Continued incarceration of aged and terminally ill prisoners without humane consideration offends Articles 14 and 21’’. Supreme Court issues comprehensive directions for their early/premature release.

  • 17-July-2026
  • Daksha Legal
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  When a male coparcener derives shares in joint family properties through a partition deed executed among his brothers, the ancestral character of the property continues vis-à-vis his children who were already born at the time of the partition. Karnataka High Court.

  • 18-July-2026
  • Daksha Legal
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  Advocates have a right to appear before the Insurance Ombudsman especially when the matter proceeds beyond mediation and enters the adjudicatory stage. Denial of legal representation would be unjustified and contrary to the principles of natural justice. Karnataka High Court.

  • 17-July-2026
  • Daksha Legal
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  Karnataka SC/ST (PTCL) Act. Despite the 2023 Amendment to the Act, a person is required to challenge an alienation within a reasonable period. The said reasonable period has to be considered by taking into consideration various factors under the given facts and circumstances of each case. Karnataka High Court.

  • 17-July-2026
  • Daksha Legal
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  Persons with Disabilities Act. An employee who acquires a disability during service cannot be terminated or reduced in rank. The notified employer is duty-bound to accommodate him in another post with the same pay and service benefits, or retain him on a supernumerary post until suitable accommodation or superannuation. Supreme Court

  • 16-July-2026
  • Daksha Legal
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  Criminal Law. ‘’Arrest is a grave intrusion into personal liberty guaranteed under Article 21 and sanctioned only upon strict compliance with statutory safeguards and constitutional limitations.’’ Karnataka High Court awards compensation of Rs. 5 lakhs to the victim of illegal arrest and detention. 2026 Daksha Legal Kar 649

  • 20-July-2026
  • Daksha Legal
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  A Recovery Certificate issued by the DRT before the 2016 amendment cannot be treated as a decree or order under Section 9(2) of the Presidency Towns Insolvency Act. The rights and liabilities must be determined by the law prevailing when proceedings commenced. Supreme Court

  • 16-July-2026
  • Daksha Legal
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  Limitation Act. Condonation of delay cannot be granted merely on equitable grounds, acts of generosity, or the benevolent nature of a statute in the absence of a bona fide, credible, and admissible ‘sufficient cause’. The merits of the case are irrelevant when deciding a delay condonation application. Karnataka High Court.

  • 16-July-2026
  • Daksha Legal
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  Limitation Act. A decree for mandatory injunction directing removal of a physical structure and delivery of vacant possession must be executed within the prescribed three-year limitation period. An execution petition filed after prolonged inaction beyond three years is barred by limitation and liable to be dismissed. Karnataka High Court. 2026 Daksha Legal Kar 623

  • 16-July-2026
  • Daksha Legal
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  Commercial Courts Act. The mandatory 120-day time limit under Order VIII Rule 1 CPC applies equally to a plaintiff filing a written statement in response to a defendant's counterclaim in a commercial suit. Upon expiry of 120 days, the plaintiff forfeits the right to file the written statement. Supreme Court. 2026 Daksha Legal SC 279

  • 16-July-2026
  • Daksha Legal