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Daksha Legal
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2026
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Judgements
Karnataka Stamp Act. Power conferred upon the Chief Controlling Revenue Authority to recover deficit stamp duty cannot be exercised beyond the statutory period of five years unless the non-payment of stamp duty is attributable to fraud, collusion etc. Writ Petition is maintainable despite the appellate/revision remedy when the demand is without jurisdiction. Karnataka High Court.
07-July-2026
Daksha Legal
Default bail. Once a charge-sheet complying with the requirements of Section 193(3) is filed within time, the right to default bail stands extinguished. Mere non-furnishing or non-filing of additional copies of the charge-sheet under Section 193(8) does not invalidate the charge-sheet or revive the statutory right to default bail. Supreme Court
08-July-2026
Daksha Legal
Criminal Law. Error in taking cognizance under the wrong section is a curable defect so long as the Court that has taken cognizance has the power to take cognizance of the other sections. Supreme Court.
07-July-2026
Daksha Legal
Advocates citing 'Artificial Intelligence hallucinated fake judgments' amounts to professional misconduct. Supreme Court directs the Bar Council of India to prescribe guiding principles along with the disciplinary action that will follow violation of the norms.
03-July-2026
Daksha Legal
A suit for specific performance filed beyond the period of limitation is barred by law. Plaint in such a suit is liable to be rejected under Order VII Rule 11 of the Civil Procedure Code. Supreme Court. 2026 Daksha Legal SC 201
03-July-2026
Daksha Legal
Rejection of plaint. Where only a part of the plaint is to be rejected, an Application under Order VI Rule 16 of the CPC is maintainable to strike out the pleadings which are otherwise unnecessary or abuse of the process of the Court. Karnataka High Court. 2026 Daksha Legal Kar 453
07-July-2026
Daksha Legal
A trial court’s order granting or refusing to grant ex-parte injunction order under Order 39 Rule 1 & 2 CPC can be questioned only by way of an appeal under Order 43 Rule 1. Writ Petition under Article 227 of the Constitution of India is not maintainable. Karnataka High Court. 2026 Daksha Legal Kar 477
02-July-2026
Daksha Legal
Motor Vehicles Act. In the absence of any specific reason and evidence on record, the split multiplier should not be applied in routine courses and the multiplier should be applied as per the settled law. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. A comprehensive motor insurance policy covers inter se tortious liability between spouses. Where a wife dies in a motor accident caused by the negligent driving of her husband, her legal representatives are entitled to claim compensation from the insurer. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. Legal representative need not necessarily be confined to the wife, husband, parent and child of the deceased and that every person who represents the estate of the deceased and also suffers on account of the death of a person in a motor vehicle accident should have a remedy for realisation of compensation. Karnataka High Court.
02-July-2026
Daksha Legal
Motor Vehicles Act. Interest awarded under Section 171 must be just, fair and reasonable. In death and grievous injury claims, compensation should ordinarily carry interest at 9% per annum, Karnataka High Court reiterates.
02-July-2026
Daksha Legal
Motor Vehicles Act. In computing income for compensation, the previous year's Income Tax Return ordinarily suffices for salaried persons. For self-employed persons or business owners, courts should generally consider the average income reflected in the preceding three years' ITRs, while also evaluating relevant factors such as the nature and growth of the business, geographical conditions, future earning potential, initial business losses, and other surrounding circumstances. Supreme Court.
07-July-2026
Daksha Legal
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