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Daksha Legal
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2026
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Judgements
Motor Vehicles Act. Mere filing of a police charge sheet against a driver is insufficient to automatically prove the occurrence of an accident or the involvement of a specific vehicle. Tribunals are constituted not only to allow the claim petitions which are genuine in nature but at the same time the great responsibility on the part of the claims Tribunal to ensure that no false claims are allowed. Karnataka High Court.
19-June-2026
Daksha Legal
Personal Liberty. Where an ECIR under the PMLA is stayed by a competent Court due to the closure or non-survival of the underlying predicate offense, the Enforcement Directorate cannot circumvent or overreach that judicial stay by using materials collected during the stayed investigation to trigger an immediate arrest under a newly registered ECIR based on subsequent, identical nature FIRs. Karnataka High Court.
19-June-2026
Daksha Legal
Hindu Law. When a Mitakshara Hindu father partitions his self-acquired property among his sons, the shares allotted to the sons become their separate and absolute properties. Such property does not acquire the character of ancestral or coparcenary property in the hands of the sons with reference to their own children. Karnataka High Court.
19-June-2026
Daksha Legal
The first charge created under the Employees’ Provident Funds and Miscellaneous Provisions Act prevails over the SARFAESI Act. The security interest created under the SARFAESI Act cannot prevail over the dues payable under the EPFMP Act. Karnataka High Court. 2026 Daksha Legal Kar 332
19-June-2026
Daksha Legal
Constitution of India. Article 329. Grievance regarding improper rejection of nomination paper can be agitated only through an election petition after the election, and courts cannot carve out exceptions based on the perceived gravity of the illegality, as doing so would undermine the constitutional scheme governing election disputes. Supreme Court.
18-June-2026
Daksha Legal
Arbitration and Conciliation. Act. An order rejecting a jurisdictional objection under Section 16 is ordinarily not amenable to writ jurisdiction. Such objections can be challenged only in proceedings under Section 34 after the arbitral award. Allegations of forgery involving disputed questions of fact requiring evidence should ordinarily be adjudicated by the Arbitral Tribunal along with the merits of the dispute. Karnataka High Court. 2026 Daksha Legal Kar 286
17-June-2026
Daksha Legal
Transfer of Property Act. If a vendor alienates sites formed on a property before allotment of that property to his share in a family partition, such allotment automatically validates the prior transfers by operation of law under Section 43. Karnataka High Court 2026 Daksha Legal Kar 279
16-June-2026
Daksha Legal
Police should not investigate disputes relating to title deeds, revenue entries, powers of attorney, or sale deeds unless the allegations clearly disclose criminality. At the time of framing charges Criminal Courts must ensure that the material on record raises a strong suspicion of an offence and a reasonable prospect of conviction. Karnataka High Court. 2026 Daksha Legal Kar 253
16-June-2026
Daksha Legal
Advocates, merely by a reason of appearing for a litigant cannot be exposed to criminal prosecution and trauma of investigative proceedings. The inevitable consequence would be a chilling and paralyzing effect upon fearless discharge of professional responsibilities. Karnataka High Court quashes criminal proceedings against the Advocate. 2026 Daksha Legal Kar 253
16-June-2026
Daksha Legal
‘A person who tries to appropriate the benefits due to a Scheduled Tribe by dubious means, not only commits an illegal act but also denies a rightful candidate such benefits and normally does not deserve any grace’. Supreme Court ends criminal prosecution since no benefit was obtained on the basis of the false claim.
16-June-2026
Daksha Legal
Motor Vehicles Act. Insurance Company is liable under ‘pay and recover’ principle even in cases of ‘Act Liability Only Policy’ and no premium was paid to cover risk of driver, owner or gratuitous passenger in motor vehicle. Karnataka High Court. 2026 Daksha Legal Kar 274
17-June-2026
Daksha Legal
Transfer of Property Act. When both parties to a suit trace title to a common vendor, the earlier registered conveyance ordinarily prevails, subject to identification of property. Karnataka High Court. 2026 Daksha Legal Kar 279
17-June-2026
Daksha Legal
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