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Daksha Legal
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2026
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Judgements
Negotiable Instruments Act. A person who executes a General Power of Attorney in favour of an agent cannot be prosecuted for an offence under Section 138 for cheques issued from the GPA holder’s account, even if the underlying debt arises out of transactions conducted on behalf of the principal. Karnataka High Court. 2026 Daksha Legal Kar 1453
17-October-2026
Daksha Legal
Constitution of India. Reservation. A person entitled to the benefit of affirmative action under Article 16(4) of the Constitution in the Hindu social order ceases to be entitled to such benefit upon conversion to Islam, Christianity or any other religion outside that social order. Supreme Court. 2026 Daksha Legal SC 732
16-October-2026
Daksha Legal
Karnataka Protection of Interest of Depositors in Financial Establishments Act. Upon publication of an attachment order under Section 3, the attached properties vest in the Competent Authority, which is empowered under Section 6 to take physical possession thereof without awaiting further orders of the Special Court. Karnataka High Court.
15-October-2026
Daksha Legal
Criminal Contempt of Court. Fabrication and production of a forged Power of Attorney, execution of a vakalatnama and filing of objections on behalf of parties without their authority, with a view to manipulating judicial proceedings and securing a favourable order, constitute criminal contempt of court. Karnataka High Court sentences the accused with jail term.
15-October-2026
Daksha Legal
A university cannot make a bona fide student suffer for its own record-keeping errors; where the student's degree and successful completion are established, the authorities must complete verification and facilitate the resulting employment benefits. Supreme Court.
15-October-2026
Daksha Legal
Insolvency and Bankruptcy Code. The limitation period of 45 days for filing an appeal to Supreme Court against an NCLAT order commences from the date of pronouncement of the order and not from the date of receipt of its certified copy. Only the time requisite for obtaining the certified copy, after making an application, is excludable under Section 12(2) of the Limitation Act. Supreme Court.
15-October-2026
Daksha Legal
A Personal Guarantee creates a personal obligation to the lender. It does not by itself create a proprietary security interest in the assets, unless the Personal Guarantee contains the list of assets and restrains from creating any encumbrance over the assets of the guarantor. Karnataka High Court.
15-October-2026
Daksha Legal
Ancient Monuments and Archaeological Sites and Remains Act. Restrictions on the use of land within the zones specified under the Act do not amount to acquisition or expropriation of property within the meaning of Article 300A of the Constitution of India. Karnataka High Court. 2026 Daksha Legal Kar 1434
15-October-2026
Daksha Legal
Motor Vehicles Act. Where CCTV footage directly shows the sequence of events without any ambiguity and is backed by the original device on which it was recorded, the Tribunal must admit the evidence as primary evidence. Karnataka High Court.
15-October-2026
Daksha Legal
Mere use of abusive language does not constitute intentional insult unless intended or likely to provoke a breach of peace. Vague threats of ‘dire consequences’, without a specific threat and the requisite intent to cause alarm, do not constitute criminal intimidation. Where such allegations arise from a civil dispute and fail to disclose the essential ingredients of criminal offences, proceedings are liable to be quashed under Section 528 BNSS. Karnataka High Court.
15-October-2026
Daksha Legal
Service Law. Mere absence from duty without prior sanction does not automatically constitute willful misconduct or warrant dismissal unless the disciplinary authority establishes that the absence was deliberate, intentional, or lacking compelling circumstances. Karnataka High Court.
15-October-2026
Daksha Legal
Criminal Law – Cheating and Forgery. Mere furnishing of an incorrect date of death in a certificate issued by a competent statutory authority does not constitute cheating or forgery under Sections 420 and 465 IPC, particularly when the discrepancy is minor, subsequently corrected, and there is no allegation of fraudulent intent or use of the certificate to obtain any benefit. Supreme Court.
14-October-2026
Daksha Legal
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