• 

  Karnataka Municipalities Act. An elected Councillor can be removed for 'disgraceful conduct' if they engage in actions that obstruct the statutory duties of the Council or the democratic rights of other members. Removal of such Councillor can be sustained based on proved misconduct even in the absence of a criminal conviction. Karnataka High Court.

  • 20-February-2026
  • Daksha Legal
• 

  “Lingayat” and “Ganiga” are not mutually exclusive identities. A candidate belonging to the broader Lingayat fold can claim the benefits reserved for the 'Ganiga' caste under category 2A if consistent documentary evidence, particularly school and revenue records of previous generations created before the commencement of the dispute, establishes such sub-caste affiliation. Karnataka High Court.

  • 23-February-2026
  • Daksha Legal
• 

  Representation of the People Act. The non-disclosure of substantial immovable assets in the affidavit constitutes a 'material non-compliance'. Since the right to know the financial antecedents of a candidate is a fundamental right of the voters, any significant suppression of wealth or property ownership vitiates the election process. Karnataka High Court.

  • 20-February-2026
  • Daksha Legal
• 

  Arbitration and Conciliation Act. The period of limitation stops running on the date on which the request for referring the dispute to arbitration is received by the respondent and not the date on which the statement of claims was filed. Karnataka High Court.

  • 19-February-2026
  • Daksha Legal
• 

  Where civil suit seeking declaration of ownership was abandoned, writ proceedings premised on the same claim ought not to be entertained in absence of any explanation as to why the suit was abandoned. Order of the single judge based on non-existing order set aside. Karnataka High Court.

  • 19-February-2026
  • Daksha Legal
• 

  POCSO Act and Section 376 of the IPC. Enemity between the families of the accused and the victim coupled with negative DNA report are factors to be taken note of. Where the victim's testimony is inconsistent, the medical evidence is inconclusive, and there is an unexplained, inordinate delay in filing the FIR, the accused is entitled to the benefit of the doubt. Karnataka High Court.

  • 19-February-2026
  • Daksha Legal
• 

  A plea of constructive res judicata under Order II Rule 2 of the CPC cannot be raised for the first time at the appellate stage, unless the necessary factual foundation, specifically the nature of the cause of action in the earlier suit was pleaded in the written statement. Karnataka High Court.

  • 19-February-2026
  • Daksha Legal
• 

  A Civil or Commercial Court lacks the jurisdiction to grant an injunction restraining a secured creditor from invoking its rights under the SARFAESI Act against a guarantor. Any grievance regarding the measures taken by the Bank under the SARFAESI Act must be addressed exclusively before the Debts Recovery Tribunal under Section 17, and a suit designed to bypass this statutory mechanism is barred under Section 34 of the Act. Karnataka High Court.

  • 19-February-2026
  • Daksha Legal
• 

  Employment Visa. A foreign national on a contractual visa obtained through misrepresentation, does not enjoy the same degree of procedural protection as a citizen or a long-term resident seeking citizenship. Leave India Notice is not vitiated for violation of principles of natural justice. Karnataka High Court.

  • 18-February-2026
  • Daksha Legal
• 

  Limitation Act. Section 18(1) is attracted only where an acknowledgment of liability is made before the expiry of the prescribed period of limitation for instituting a suit or application in respect of any property or right. The benefit of the Section can be availed only if such acknowledgment is issued within the subsisting limitation period and not after its expiration. Karnataka High Court.

  • 18-February-2026
  • Daksha Legal
• 

  Although Section 498A of the IPC was enacted to curb cruelty against married women, courts must be circumspect in preventing its misuse through vague, omnibus allegations stemming from matrimonial discord. In the absence of prima facie material on record, continuation of the prosecution would be unwarranted, held the Karnataka High Court.

  • 18-February-2026
  • Daksha Legal
• 

  The determination of a Grama Panchayat headquarters is an administrative and policy decision within the exclusive domain of the State. Such a decision cannot be invalidated by the Court merely because one village has a higher population than the designated headquarters. In the absence of manifest illegality or procedural impropriety, the choice of a headquarters based on factors of accessibility, central location, and administrative feasibility is final and not subject to judicial second-guessing. Karnataka High Court.

  • 18-February-2026
  • Daksha Legal