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  The passing of a final decree or formal disposal of the suit does not extinguish the civil court's jurisdiction to correct accidental slips, clerical or typographical errors, or inadvertent omissions. The power under Section 152 CPC extends to rectifying the mistakes so as to accurately reflect the true intention of the parties in a compromise decree. Karnataka High Court.

  • 30-June-2026
  • Daksha Legal
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  Temporary Injunction. The object of an interim order is to preserve the subject matter and ensure effective adjudication. In matters involving fire safety and lawful occupation of buildings, public safety overrides commercial interests, justifying an injunction against inducting third parties into the building. Karnataka High Court.

  • 30-June-2026
  • Daksha Legal
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  Maintenance cannot be awarded on the stereotypical assumption that a husband is invariably bound to maintain his wife. Where the wife is financially independent, has no dependency liabilities, and earns substantially more than the husband, she is not entitled to maintenance. Karnataka High Court.

  • 30-June-2026
  • Daksha Legal
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  An employee who serves continuously for decades against a sanctioned post cannot be denied regularization and pension merely because his salary was paid from the contingency fund. Such service must be counted for pensionary benefits. Karnataka High Court. 2026 Daksha Legal Kar 414

  • 28-June-2026
  • Daksha Legal
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  Motor Vehicles Act. The compensation shall be determined in accordance with the law in force on the date of the award or appellate decision, and not the law that was in force on the date of the accident. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal
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  Motor Vehicles Act. The standard of proof before the Motor Accident Claims Tribunal is preponderance of probabilities. Once the accident is established, the Tribunal must award just compensation. Salary documents cannot be rejected merely because the issuing authority was not examined, especially when supported by credible oral evidence. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal
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  Motor Vehicles Act. A salary certificate produced to establish the deceased’s income deserves due consideration, particularly when the employer has been examined and has substantiated its authenticity. The standard of proof before the Tribunal cannot be beyond all reasonable doubt. Karnataka High Court.

  • 25-June-2026
  • Daksha Legal
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  Companies Act. To sustain a claim for damages against delinquent directors under Section 543(1) the Official Liquidator must provide specific, contextual, and detailed pleadings outlining the acts of misfeasance. Vague assertions, mere negligence, or the simple submission of an auditor's report are legally insufficient. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Allotment of public property must strictly conform to the governing statutory provisions. No resolution or administrative decision contrary to the statutory framework can confer a legally enforceable right. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Court Fees. An issue pertaining to valuation and court fees raised by a defendant cannot be deferred to final adjudication if it directly dictates the pecuniary jurisdiction of the court. Karnataka High Court.

  • 26-June-2026
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. The relationship between a company director and an employee does not constitute a fiduciary relationship, although the fiduciary exception may apply to the relationship between the company and its director. Supreme Court.

  • 24-June-2026
  • Daksha Legal
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  Locus Standi. An auction purchaser is entitled to challenge the arbitrary cancellation of an auction sale under the SARFAESI Act and has a legitimate expectation that a validly accepted bid will be carried to its logical conclusion. Karnataka High Court. 2026 Daksha Legal Kar 372

  • 24-June-2026
  • Daksha Legal