• 

  Arbitration and Conciliation Act. An award that grants a claim barred by the law of limitation suffers from patent illegality and is liable to be set aside as it fails to adhere to the fundamental legal principles governing the admissibility of claims. Karnataka High Court.

  • 17-February-2026
  • Daksha Legal
• 

  Partition Act, 1893. Where a property is found to be indivisible and if multiple shareholders seek to exercise their right to buy out other shares, the Court must facilitate a competitive process and is legally mandated to sell the shares to the shareholder who offers the highest price above the court's valuation. Karnataka High Court.

  • 17-February-2026
  • Daksha Legal
• 

  Hindu Succession Act. A daughter’s right to a share in ancestral coparcenary property is a birthright that remains unaffected by revenue-based mutation entries and sale based on such entries. Any denial of a coparcenary share based on the presence or absence of revenue entries is legally unsustainable, as title must be adjudicated based on the source of acquisition and the nature of the property rather than administrative record-keeping. Karnataka High Court.

  • 17-February-2026
  • Daksha Legal
• 

  2026 Daksha Legal Kar 67-73. Employee’s Compensation Act. The liability of an insurance company under the Act is strictly governed by the terms of the insurance contract. When a policy is issued based on a specific declaration of wages and a specific category of risk, the insurer’s liability to indemnify the employer is limited to those declared values. Karnataka High Court.

  • 16-February-2026
  • Daksha Legal
• 

  Foreigners Act. Issuance of a ‘Leave India Notice’ during the subsistence of a visa does not amount to an impermissible indirect cancellation of the visa. It is a lawful, independent exercise of the power under Section 3(2)(c) which overrides the permission granted by the visa. Karnataka High Court.

  • 16-February-2026
  • Daksha Legal
• 

  2026 Daksha Legal 74-76. Motor Vehicles Act. A claimant has the right to elect only one of two available forums either the Motor Accident Claims Tribunal or the Commissioner for Workmen's Compensation. 'Doctrine of Election' bars the dual pursuit of remedies for the same cause of action. Karnataka High Court.

  • 16-February-2026
  • Daksha Legal
• 

  2026 Daksha Legal Kar 77-90. Section 231(2) Cr.P.C. Where multiple witnesses are set to testify on the same set of facts, and a reasonable apprehension of 'tutoring' or 'overlapping testimony' is raised by the defense, the Trial Court is legally bound to defer the cross-examination of key witnesses until the examination-in-chief of other related witnesses is completed. Failure to do so constitutes a manifest error of jurisdiction that undermines the fairness of the trial. Karnataka High Court.

  • 16-February-2026
  • Daksha Legal
• 

  Constitution of India. A petition under Article 227 is not maintainable against an order of a Civil Court refusing to grant ex-parte injunction when a specific statutory remedy is available under Order XLIII, Rule 1 (r) of the Code of Civil Procedure. High Courts must refrain from exercising their power of superintendence in such cases as a matter of judicial discipline. Karnataka High Court.

  • 16-February-2026
  • Daksha Legal
• 

  A secured creditor cannot claim immunity from criminal investigation solely on the ground that the loan was advanced against pledged property. Where the accused had no lawful title to the gold, the pledge so created cannot defeat the rights of the true owner, nor can it impede or restrict a lawful criminal investigation under Section 94 of the BNSS. Karnataka High Court.

  • 14-February-2026
  • Daksha Legal
• 

  Land acquisition. Act 2013 does not expressly or impliedly exclude the application of the Limitation Act. The power to condone delay under Section 5 of the Limitation Act remains available for appeals preferred under the 2013 Act. Any land acquisition award passed after the commencement of the 2013 Act must be challenged via the appellate route provided under Section 74, and High Courts must exercise a pragmatic, non-pedantic discretion in condoning delays to safeguard the constitutional and statutory rights of the parties involved. Supreme Court.

  • 14-February-2026
  • Daksha Legal
• 

  2026 Daksha Legal Kar 57-66. Suit for specific performance. A person who asserts an independent title to the subject property through a registered instrument is a 'proper party' under Order I Rule 10(2) of the CPC. Although such a person may not be a party to the underlying agreement to sell, their impleadment is essential to ensure a complete and effective adjudication of the dispute and to avoid the risk of conflicting judicial findings or a multiplicity of subsequent litigations regarding the same property. Karnataka High Court.

  • 14-February-2026
  • Daksha Legal
• 

  A Municipality cannot insist on obtaining trade license for exhibition of cinematographic films if license is already issued under the Karnataka Cinemas (Regulation) Act. Municipality’s power is restricted to issue license only for ancillary commercial activities within the premises such as food vending businesses etc. Karnataka High Court.

  • 17-February-2026
  • Daksha Legal