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Daksha Legal
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2026
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Judgements
When Court refers civil suit for arbitration under Section 8 of the Arbitration and Conciliation Act, the plaintiff is entitled for refund of the Court fee paid. 2026 Daksha Legal Kar 211
08-June-2026
Daksha Legal
Order VII Rule 11(d) CPC. A plaint cannot ordinarily be merely on the plea that the suit is barred by Order II Rule 2 CPC. The defence under Order II Rule 2 generally requires examination of causes of action, pleadings and evidence, and therefore cannot usually be decided solely on the averments contained in the plaint. Supreme Court. 2026 Daksha Legal SC 136
08-June-2026
Daksha Legal
When agricultural lands fall within the jurisdiction of the BBMP/GBA, revenue officers have no jurisdiction to initiate actions under the Karnataka Land Revenue Act. Karnataka High Court.
08-June-2026
Daksha Legal
Where a special enactment prescribes a specific period of limitation along with a limited power to condone delay, the Court cannot, by exercising judicial discretion, extend the period beyond the statutory limit. Karnataka High Court
08-June-2026
Daksha Legal
Lands allotted under the ‘Grow More Food’ Scheme which are thrown open to the general public rather than specially reserved members of depressed classes do not constitute ‘granted land’ under the SC/ST (PTCL) Act. Karnataka High Court.
09-June-2026
Daksha Legal
Unauthorised issuance of a duplicate SIM card by a telecom service provider constitutes negligence and deficiency in service, rendering it vicariously liable for consequential cyber fraud. Karnataka High Court awards punitive damages against BSNL.
06-June-2026
Daksha Legal
Right to speedy trial is part of Article 21. Where investigation into an offence remains pending for an unduly prolonged period without adequate justification, the accused/complainant may approach the High Court under Section 528 BNSS / Section 482 CrPC seeking appropriate directions for expeditious investigation, status updates, or, in the case of the accused, quashing of the proceedings. Supreme Court 2026 Daksha Legal SC 136
06-June-2026
Daksha Legal
When a statutory levy is enhanced, it overrides inconsistent contractual terms. Royalty liability under MMRD Act is determined by the law in force on the date of removal/dispatch of minerals. A purchaser cannot avoid payment of an increased statutory royalty merely because the auction and contract were concluded before the amendment. Supreme Court.
06-June-2026
Daksha Legal
The constitutional right to travel abroad must be balanced against the victim's right to a speedy trial and the public interest. An accused facing criminal prosecution may retain possession of his passport, but foreign travel even on medical grounds can be restricted when all medical facilities exist domestically. Supreme Court. 2026 Daksha Legal SC 131
06-June-2026
Daksha Legal
Hindu Succession Act. Section 8. Upon the death of a coparcener, his interest devolves upon his legal heirs as tenants-in-common and not as joint tenants. A widow cannot assume the status of karta of the family, nor can she alienate any portion of the property on the plea of legal necessity so as to affect or bind the shares devolving upon the legal heirs of the deceased. Supreme Court. 2026 Daksha Legal SC 125
05-June-2026
Daksha Legal
Motor Vehicles Act. Future prospects can be awarded even to cases where the deceased was not employed. No person can remain as static since there is always an incessant effort to enhance one’s income for sustenance and income. Karnataka High Court.
05-June-2026
Daksha Legal
A temporary status casual labourer would be entitled to pensionary benefits on superannuation even in the absence of regularisation. Supreme Court. 2026 Daksha Legal SC 362.
21-August-2026
Daksha Legal
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