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Daksha Legal
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2026
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Judgements
Insolvency and Bankruptcy Code. Where the dispute between the parties is predominantly contractual, involving competing claims relating to the transfer of property and allied obligations, insolvency proceedings cannot be invoked as a coercive mechanism for recovery. Supreme Court. 2026 Daksha Legal SC 207
08-July-2026
Daksha Legal
Negotiable Instruments Act. A cheque issued in the name of the company, after dissolution of the company, would not become a legally enforceable instrument. If the cheque is issued during such dissolution proceedings, the Directors are to be held liable for fulfilling the legally enforceable instrument. Karnataka High Court. 2026 Daksha Legal Kar 577
09-July-2026
Daksha Legal
Karnataka Land Grabbing Prohibition Act. A civil suit for declaration and possession cannot be transferred to the Special Court merely because the State claims the land is Government property. The Special Court's jurisdiction arises only where there is a specific allegation of land grabbing, positive action by the authorities, and a reasoned finding that the defendant knowingly and unlawfully occupied the land. Karnataka High Court. 2026 Daksha Legal Kar 566
09-July-2026
Daksha Legal
Evidence Act. Section 73. The the court may independently compare disputed and admitted thumb impressions or signatures and reach its own conclusion on the identity of the executant, irrespective of or in addition to expert opinion. Karnataka High Court.
08-July-2026
Daksha Legal
Criminal proceedings initiated to arm-twist a medical doctor for joining another institution amount to an abuse of process and are liable to be quashed when they stem from ‘wounded pride’ and ‘institutional resentment’ rather than any criminal offence. Karnataka High Court.
10-July-2026
Daksha Legal
Delay or limitation cannot be invoked to perpetuate an illegal or fraudulent decree affecting valuable property rights. Supreme Court upholds trial court's condonation of a 22-year delay in setting aside compromise decree obtained by fraud.
06-July-2026
Daksha Legal
Doctrine of necessary party under Order 1 Rule 10 CPC is different from the devolution of interest under Order 22 Rule 10 CPC. Transferee pendente lite is a representative in interest of the transferor and may be added as a party under Order 22 Rule 10 to protect the interest acquired by him. Karnataka High Court. 2026 Daksha Legal Kar 488
04-July-2026
Daksha Legal
A reasoned judicial order is the heartbeat of the justice delivery system, assuring the parties that their submissions have been duly considered and promoting transparency in the administration of justice. An unreasoned interim order, which fails to disclose the factors that weighed with the Court, creates uncertainty and is liable to be set aside. Karnataka High Court.
04-July-2026
Daksha Legal
Arbitration and Conciliation Act. A third-party purchaser who is not a signatory to the arbitration agreement cannot ordinarily be impleaded in proceedings under Section 34. Mere commercial interest in the arbitral outcome does not confer a right of impleadment, as arbitration is founded on party autonomy and consent. Karnataka High Court. 2026 Daksha Legal Kar 495.
04-July-2026
Daksha Legal
In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453
03-July-2026
Daksha Legal
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.
07-July-2026
Daksha Legal
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.
04-July-2026
Daksha Legal
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