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Judgements
Advocates have a right to appear before the Insurance Ombudsman especially when the matter proceeds beyond mediation and enters the adjudicatory stage. Denial of legal representation would be unjustified and contrary to the principles of natural justice. Karnataka High Court.
17-July-2026
Daksha Legal
Karnataka SC/ST (PTCL) Act. Despite the 2023 Amendment to the Act, a person is required to challenge an alienation within a reasonable period. The said reasonable period has to be considered by taking into consideration various factors under the given facts and circumstances of each case. Karnataka High Court.
17-July-2026
Daksha Legal
Criminal Law. ‘’Arrest is a grave intrusion into personal liberty guaranteed under Article 21 and sanctioned only upon strict compliance with statutory safeguards and constitutional limitations.’’ Karnataka High Court awards compensation of Rs. 5 lakhs to the victim of illegal arrest and detention. 2026 Daksha Legal Kar 649
20-July-2026
Daksha Legal
Limitation Act. Condonation of delay cannot be granted merely on equitable grounds, acts of generosity, or the benevolent nature of a statute in the absence of a bona fide, credible, and admissible ‘sufficient cause’. The merits of the case are irrelevant when deciding a delay condonation application. Karnataka High Court.
16-July-2026
Daksha Legal
Limitation Act. A decree for mandatory injunction directing removal of a physical structure and delivery of vacant possession must be executed within the prescribed three-year limitation period. An execution petition filed after prolonged inaction beyond three years is barred by limitation and liable to be dismissed. Karnataka High Court. 2026 Daksha Legal Kar 623
16-July-2026
Daksha Legal
Commercial Courts Act. The mandatory 120-day time limit under Order VIII Rule 1 CPC applies equally to a plaintiff filing a written statement in response to a defendant's counterclaim in a commercial suit. Upon expiry of 120 days, the plaintiff forfeits the right to file the written statement. Supreme Court. 2026 Daksha Legal SC 279
16-July-2026
Daksha Legal
Commercial Contracts. Courts cannot rewrite or alter the terms of a commercial contract voluntarily entered into by the parties. A clause stipulating that a security deposit shall not carry interest is valid, binding, and not opposed to public policy. A party who has accepted the contract with full knowledge of its terms cannot later avoid or challenge them merely on the ground that they are onerous. Supreme Court.
16-July-2026
Daksha Legal
Tortious Liability. Human life is beyond pecuniary valuation. Where compensation is offered in lieu of criminal proceedings, the Court cannot accept a settlement that is manifestly disproportionate to the gravity of the loss. The Karnataka High Court quashes the criminal proceedings after ensuring substantial and structured restitution to the bereaved family of the deceased child. Karnataka High Court.
23-July-2026
Daksha Legal
Negotiable Instruments Act. Where the cheque was drawn on a company's account and signed by its Managing Director or Director, arraigning the Company as a principal accused is an absolute and mandatory condition precedent. In the absence of the company being arraigned as an accused, the complaint is not maintainable. Karnataka High Court.
17-July-2026
Daksha Legal
Land Acquisition. Principles of res judicata, doctrine of merger, and finality of litigation do not apply when a transaction, administrative action, or judicial decree is subsequently discovered to be tainted by fraud, suppression of material facts, or manipulation of official records. Karnataka High Court quashes the land acquisition proceedings after 37 years.
16-July-2026
Daksha Legal
Income Tax Act. Though quoting a Document Identification Number (DIN) in Income Tax communications is mandatory an order is not invalid merely because it was initially communicated without a DIN, if the correct DIN is subsequently communicated through an authenticated intimation letter. Karnataka High Court.
21-July-2026
Daksha Legal
Land acquisition. Substantial compliance with Section 5A is sufficient; every procedural irregularity does not invalidate acquisition. Selection of land for a public project is primarily within the domain of the Government and expert authorities; courts should not substitute their opinion unless the decision is arbitrary, mala fide, or illegal. Supreme Court
20-July-2026
Daksha Legal
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