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Daksha Legal
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2026
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Judgements
Sport selection. Though a writ court cannot reassess comparative sporting merit or substitute its opinion for that of an expert body, it may examine whether a sports federation discharging public duties followed its published selection policy and acted within its authority. Completion of the selection and forwarding of names do not bar judicial review; they affect only the relief to be granted. Karnataka High Court.
01-September-2026
Daksha Legal
Criminal Law. Before filing the final report, the Investigating Officer must obtain and examine the Section 164(5) CrPC statement and ensure sufficient material exists to prosecute. If it does not support the accusation, independent material must justify the charge-sheet. The court must furnish a copy to the accused under Section 207(iv). Karnataka High Court issues comprehensive guidelines.
02-September-2026
Daksha Legal
Insolvency and Bankruptcy Code. Disputes that arise from breach of the contract cannot give rise to an operational debt till the time the debt becomes crystallized and legally enforceable. Supreme Court
01-September-2026
Daksha Legal
Dowry Death. Section 304-B IPC is not a substitute for Section 302. Where direct or circumstantial evidence, including ante-mortem injuries and inconsistencies in the medical and investigative records, prima facie indicates homicide, the Trial Court must frame or add a charge under Section 302 IPC even if the police report does not propose it. The Court cannot remain a mute spectator or allow defective investigation or inconclusive medical evidence to defeat the quest for truth. Karnataka High Court.
02-September-2026
Daksha Legal
Quashing of criminal proceedings on the basis of settlement. A 'victim' is distinct from an 'informant' in a criminal case. Quashing of criminal proceedings upon settlement can be done only at the behest of the victim and not at the behest of the informant. Supreme Court. 2026 Daksha Legal SC 475
02-September-2026
Daksha Legal
Personal liberty. An order of externment cannot be passed merely on the ground that multiple criminal cases have been registered or that the alleged conduct has generated resentment and public outrage among members of certain communities, unless the situation is so grave as to necessitate externment. Supreme Court. 2026 Daksha Legal SC 489
01-September-2026
Daksha Legal
Judicial review. A writ court cannot dispense with a mandatory statutory requirement or grant relief inconsistent with it while sustaining its validity nor can the court exercise powers of relaxation vested exclusively in the statutory regulator. Karnataka High Court
01-September-2026
Daksha Legal
Charges recovered by Banks for non-maintenance of Minimum Average Balance, which are in the nature of penalty for breach of a contractual condition and not consideration for any service rendered, cannot be subjected to Service Tax under the Finance Act. Karnataka High Court.
01-September-2026
Daksha Legal
‘’Elephant corridors constitute critical ecological linkages. Housing is not the only requirement for human existence. Ecology, wildlife, forest, water streams etc., all are equally important for human existence’’. Karnataka High Court quashes the housing project undertaken by the Karnataka Housing Board.
31-August-2026
Daksha Legal
Medical Negligence. Where the medical opinion itself recognizes the course adopted by the doctor as a normal alternative and valid consent mentioning both options exists on record without any allegation of interpolation, and no malice is attributed, the criminal proceedings cannot continue. Supreme Court
31-August-2026
Daksha Legal
Arbitration and Conciliation Act. Interim orders protecting the subject matter of arbitration may be passed against a stranger. A person who voluntarily intervenes in the proceedings but fails to prima facie establish an independent right, title or interest cannot wriggle out of the binding nature of preventive orders that may be granted to preserve the subject matter of the arbitration. Karnataka High Court
31-August-2026
Daksha Legal
Where the prosecution fails to prove the victim’s minority under the POCSO Act, the accused cannot be convicted of rape in the absence of a specific charge for that offence. Karnataka High Court issues guidelines for the Judicial Officers conducting criminal trials
31-August-2026
Daksha Legal
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