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  Constructive Resjudicata. The principle applies with equal force in cases where the ground that might and ought to have been raised was not done, even if it is on account of negligence, inadvertence or accident. Supreme Court

  • 15-June-2026
  • Daksha Legal
• 

  In child custody and visitation disputes involving allegations of child sexual abuse, the child’s welfare, dignity, and psychological safety are paramount. Courts must avoid unnecessary psychological evaluations that may re-traumatise the child. Supreme Court.

  • 12-June-2026
  • Daksha Legal
• 

  A decree attached to a property enures to the benefit of the purchaser of that property. A decree directing the BBMP to allot an alternate site can be executed by the purchaser of the site. 2026 Daksha Legal Kar 238

  • 13-June-2026
  • Daksha Legal
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  Compassionate Appointment. The State cannot refuse or defer a claim unless such action is supported by a specific provision of the applicable rules that is relevant to the relief sought. Any such decision must also satisfy the constitutional mandate of non-arbitrariness under Article 14 of the Constitution. Supreme Court.

  • 12-June-2026
  • Daksha Legal
• 

  Service Law. A procedural defect in the final approval stage of recruitment, not involving fraud, illegality in selection, or ineligibility of candidates, is a curable irregularity and does not automatically render appointments void. Employees who are not responsible for such defects should not suffer removal after long years of service solely because of administrative lapses committed by authorities. Supreme Court.

  • 12-June-2026
  • Daksha Legal
• 

  An Executing Court has no authority to ignore decree for specific performance of sale agreement on the ground that the decree violates SC/ST (PTCL) Act. Karnataka High Court.

  • 12-June-2026
  • Daksha Legal
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  ‘Right of user’ by a public utility authority to lay underlying civic infrastructure beneath private property does not amount to a compulsory acquisition or deprivation of property under Article 300A of the Constitution. Karnataka High Court.

  • 12-June-2026
  • Daksha Legal
• 

  An auction sale under the SARFAESI Act is liable to be set aside where the balance sale consideration is not paid within the prescribed period under Rule 9 of the SARFAESI Rules. In such cases, the borrower’s continuous and bona fide efforts to redeem the secured asset are relevant considerations that must be duly taken into account. Supreme Court. 2026 Daksha Legal SC 182

  • 11-June-2026
  • Daksha Legal
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  Doctrine of forum non-conveniens does not strictly apply to writ proceedings. Where the question of pursuing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to clause (1) of Article 226, the doctrine of forum non conveniens may rarely apply. Supreme Court.

  • 11-June-2026
  • Daksha Legal
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  Land Acquisition. Where direct evidence in the form of contemporaneous sale instances or exemplars pertaining to the same village is available, such evidence constitutes the most desirable and preferred basis for determination of market value. Karnataka High Court.

  • 11-June-2026
  • Daksha Legal
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  Motor Vehicles Act. Award of interest. Though no fixed or uniform formula can be applied for determining the rate of interest, prevailing Bank rates can be a guiding factor. Karnataka High Court.

  • 11-June-2026
  • Daksha Legal
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  Commercial Courts Act. Bar under Section 8 against challenge to interlocutory orders does not curtail the constitutional supervisory jurisdiction of the High Court under Article 227 of the Constitution though interference to be limited to errors causing manifest injustice. Karnataka High Court.

  • 10-June-2026
  • Daksha Legal