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  Hindu Marriage Act. Persistent refusal of sexual relation without a reasonable cause constitutes mental cruelty and is a valid ground for divorce under Section 13(1)(ia). Withholding sexual intimacy inflicts severe emotional distress and undermines the bedrock of marriage. Supreme Court.

  • 04-June-2026
  • Daksha Legal
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  Hindu Minority and Guardianship Act. While considering permission under Section 8, courts must independently assess whether the proposed transaction provides a real, measurable and evident advantage to the minor, keeping the minor's welfare as the paramount consideration under the doctrine of parens patriae. Supreme Court.

  • 21-August-2026
  • Daksha Legal
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  When a plaintiff pleads a later date of knowledge regarding fraud or denial of rights in a suit for cancellation of a deed, limitation under Article 59 of the Limitation Act becomes a mixed question of law and fact, and the plaint cannot be rejected under Order VII Rule 11 CPC. Delhi High Court.

  • 03-June-2026
  • Daksha Legal
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  SARFAESI Act. The mandatory requirement of pre-deposit contemplated under the second proviso to Section 18(1) applies only to a borrower. A non-borrower cannot be compelled to make any pre-deposit as a condition precedent for maintainability of the appeal. Karnataka High Court. 2026 Daksha Legal Kar 193

  • 04-June-2026
  • Daksha Legal
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  Partnership Act. At the stage of registration of a partnership firm, the District Registrar cannot embark upon an enquiry into the validity of the partnership, its internal arrangements, or any alleged procedural irregularities in its past affairs except verifying fulfilment of statutory requirements. Karnataka High Court. 2026 Daksha Legal 187

  • 04-June-2026
  • Daksha Legal
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  SARFAESI Act. Bar under Section 34 does not apply where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged,. When a suit is filed for a declaration of title and a challenge is made to the validity of the mortgage on the grounds of fraud, plaint cannot be rejected under Order VII Rule 11 CPC. Karnataka High Court. 2026 Daksha Legal Kar 173

  • 02-June-2026
  • Daksha Legal
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  In international child custody disputes, jurisdiction is determined by the child’s ordinary residence. Where the child has been substantially raised abroad, Indian courts, guided by comity of nations and the child’s best interests, ordinarily decline merits adjudication and direct return to the country of habitual residence for custody determination. Karnataka High Court. 2026 Daksha Legal Kar 151

  • 02-June-2026
  • Daksha Legal
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  Group of Companies Doctrine. A non-signatory company cannot be dragged into arbitration merely because it belongs to the same corporate group and assisted in contract administration unless there is a common intention to be bound by the arbitration agreement. Bombay High Court.

  • 02-June-2026
  • Daksha Legal
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  Criminal defamation. Faithful reporting of the contents of an FIR, without embellishment, distortion, or addition, does not amount to criminal defamation. Delhi High Court.

  • 02-June-2026
  • Daksha Legal
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  Group of Companies. Arbitration agreement entered into by a Company within a group of companies binds non-signatory affiliates if the circumstances are such as to demonstrate the mutual intention of the parties to bind both signatories and non-signatories. Supreme Court.

  • 02-June-2026
  • Daksha Legal
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  Suit for possession. When plea of adverse possession fails, question of limitation to institute the suit cannot be pleaded/raised against the plaintiff. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal
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  Constitution of India. Article 243-U. When term of elected councillors of a Municipality is disrupted by appointment of an administrator, the councillors cannot claim extension for the period the administrator was in charge. Karnataka High Court.

  • 02-June-2026
  • Daksha Legal