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  Insolvency and Bankruptcy Code. Approval of a Resolution Plan gives the successful resolution applicant a ‘’clean slate.’’ All claims relating to the period before approval of the Resolution Plan stand extinguished unless recognised in the Resolution Plan. Operational creditors cannot enforce pre-CIRP claims through civil suits or arbitration after approval of the Resolution Plan. Supreme Court

  • 22-July-2026
  • Daksha Legal
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  Specific Relief Act. The provisos to Sections 21(5) and 22(2) override the restrictions on post-trial amendments under Order VI Rule 17 CPC. Even at the appellate stage, a plaintiff may amend the plaint to claim refund of the earnest money/security deposit or compensation, so long as the suit continues to be one for specific performance. Karnataka High Court.

  • 21-July-2026
  • Daksha Legal
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  When an ex-parte ad-interim temporary injunction is subsequently vacated, proceedings under Order XXXIX Rule 2(a) of CPC for alleged willful disobedience cannot be proceeded with during the pendency of the main suit since continuing such proceedings prior to the final adjudication of the suit constitutes a futile exercise of jurisdiction. Karnataka High Court.2026 Daksha Legal Kar 698

  • 21-July-2026
  • Daksha Legal
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  Protection of Women from Domestic Violence Act. An unmarried major daughter who is unemployed and pursuing higher education has a right to claim educational expenses from her financially capable father under Section 20. Attaining majority does not disentitle her from seeking ‘monetary relief’ as she qualifies as an 'aggrieved person’. Karnataka High Court. 2026 Daksha Legal Kar 685

  • 21-July-2026
  • Daksha Legal
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  Sales Tax. Retrospective withdrawal of exemption cannot operate oppressively. Though State can reassess and recover the principal tax liability retrospectively, it cannot levy penalty, and interest can accrue only from the date of the lawful reassessment demand, not from the original transaction period. Legislative competence must be balanced with constitutional fairness. Supreme Court.

  • 22-July-2026
  • Daksha Legal
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  Mere issuance of notice under Order 39 Rule 3 CPC without granting or rejecting temporary injunction order on an application filed under Order 39 Rules 1 & 2 is not appealable under Order 43 Rule 1(R). Karnataka High Court. 2026 Daksha Legal Kar 626

  • 19-July-2026
  • Daksha Legal
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  Section 299 CrPC. Where an accused has deliberately absconded and a witness subsequently becomes unavailable due to death or other reasons, the prosecution may invoke Section 299 to rely upon the earlier recorded evidence. Any restrictive interpretation would defeat the object of the provision, encourage accused persons to evade trial until witnesses become unavailable. Supreme Court.

  • 21-July-2026
  • Daksha Legal
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  Insolvency and Bankruptcy Code. ‘’Though the distinction between financial and operational creditors is constitutionally valid, the IBC does not adequately protect small operational creditors, MSMEs and statutory local bodies, who rank last in the repayment waterfall’’. ‘Legislature and the Law Commission may consider a fairer repayment mechanism while preserving the efficiency of the insolvency regime’. Supreme Court.

  • 22-July-2026
  • Daksha Legal
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  Railway Claims Tribunal Act is a beneficial welfare legislation and must receive a liberal interpretation. Non-recovery of the railway ticket alone is not sufficient to reject a claim. A claimant can establish that the deceased was a bona fide passenger through affidavits and surrounding circumstances. Supreme Court.

  • 27-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