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  Criminal Trespass. Mere entry upon land over which rival claims are asserted does not constitute criminal trespass unless accompanied by the requisite criminal intent. A person entering property under a claim of right founded on a registered sale deed cannot be accused of criminal trespass. Karnataka High Court. 2026 Daksha Legal Kar 1122

  • 31-August-2026
  • Daksha Legal
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  CCTV footage collected during investigation and forming part of the prosecution’s own record can be considered under Section 482 CrPC. Where such footage is admitted, unrefuted and of unimpeachable provenance and reliability, and demonstrably negates the accused’s participation in the alleged offence, it cannot be lightly brushed aside. Supreme Court. 2026 Daksha Legal SC 462

  • 31-August-2026
  • Daksha Legal
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  Criminal Law. Mere use of the word ‘bastard’, by itself, is not sufficient to invoke Section 294(b) Indian Penal Code since such words are commonly used in modern era during heated conversations. Supreme Court.

  • 28-August-2026
  • Daksha Legal
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  Motor Vehicles Act. ‘’Pay and Recover’’ principle cannot be applied to direct an insurer to pay compensation where the tortfeasor owner-rider is the claimants' father and husband of the deceased. Karnataka High Court.

  • 28-August-2026
  • Daksha Legal
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  A time-barred claim for specific performance crumbles the foundation for any consequential relief seeking declaration of a sale deed as null and void. The plaint in such a suit is liable to be rejected under Order VII Rule 11 CPC. Karnataka High Court.

  • 29-August-2026
  • Daksha Legal
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  While an original Bill of Lading is generally superior evidence of title compared to a draft Bill of Lading, mere possession of an alleged original Bill of Lading does not automatically entitle a party to custody of goods if there are serious doubts, material discrepancies, missing explanations, or allegations of fraud and manipulation surrounding its issuance. Karnataka High Court.

  • 28-August-2026
  • Daksha Legal
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  Tender. Decision to blacklist is independent of the decision to terminate. The show cause notice must indicate the proposed decision to blacklist and the requirement of the contractor to respond to it. Supreme Court. 2026 Daksha Legal SC 449.

  • 27-August-2026
  • Daksha Legal
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  Section 239 BNS. ‘Intentional omission to give information of offence by person bound to inform’. The Section applies only when a person omits to provide information that he is independently and legally bound to give. Section 33 BNSS does not include sexual offences and a private citizen’s mere knowledge of and failure to report such an offence is not punishable under Section 239 BNS. Karnataka High Court.

  • 26-August-2026
  • Daksha Legal
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  Interpretation of Statutes. A non-obstante clause stating, ‘’notwithstanding anything contained in any other law,’’ gives the Section overriding effect only over conflicting provisions in other enactments. It does not override or nullify another provision contained in the same Act. Supreme Court.

  • 26-August-2026
  • Daksha Legal
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  Stamp Duty. Actual user of the property is the determining factor for valuation of land for stamp-duty purposes where the applicable Government circular so provides; mere classification of the area is not decisive. Supreme Court.

  • 28-August-2026
  • Daksha Legal
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  Domestic Violence Act. A party who has expressly relinquished monetary or maintenance claims cannot revive the same claims through subsequent proceedings merely on the allegations of coercion or duress. A major daughter who was not a party to the settlement retains her independent right to seek monetary relief in accordance with law. Supreme Court

  • 28-August-2026
  • Daksha Legal
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  Criminal Law. Where an FIR is ante-timed or prepared after the police reach the scene and commence investigation, following deliberation or consultation, it loses its evidentiary value and is treated as a statement made during investigation, attracting the bar under Section 162 CrPC. Karnataka High Court.

  • 27-August-2026
  • Daksha Legal