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Judgements
High Court will not exercise its extraordinary jurisdiction to grant interim bail solely on the grounds of ‘mercy’ or ‘humanitarian sympathy’ if the arrest proceedings do not depict a blatant non-application of mind or illegality. The proper remedy for such relief lies with the regular bail court. Karnataka High Court.
23-January-2026
Daksha Legal
In a suit for specific performance, the vendor has to be impleaded as a party in the appeal and on his death, on non-substitution of his heirs /legal representatives, the appeal would abate. Supreme Court.
27-January-2026
Daksha Legal
A transferee lis pendens is not a necessary party in a suit for specific performance since such transferee’s title is subservient to the decree that may ultimately be passed in the pending suit. Supreme Court.
23-January-2026
Daksha Legal
Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that vendor has transferred his interest in the subject matter of the agreement to a third party. Supreme Court.
27-January-2026
Daksha Legal
Principle of res judicata applies between two stages in the same litigation to the extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings. Supreme Court.
28-January-2026
Daksha Legal
Amendment of pleading cannot be refused merely because it seeks to withdraw or explain an admission. Whether such an amendment should be allowed depends on the facts and circumstances of each case, since admissions are not always conclusive and may be erroneous, made bona fide, or of limited relevance to the outcome of the proceedings. Karnataka High Court.
23-January-2026
Daksha Legal
Prevention of Money Laundering Act. The proceedings under the Act would fail only if the proceedings relating to the predicate offence vis-à-vis the accused has resulted in discharge/acquittal or quashment of the predicate offence. In the absence of such termination of the proceedings, there is no bar for continuance of the proceedings under the Act. Karnataka High Court.
27-January-2026
Daksha Legal
Amendment of pleadings under Order VI Rule 17, CPC. An application for amendment cannot be dismissed on the ground of delay when the cause of action sought to be introduced is within the period of limitation. Karnataka High Court.
22-January-2026
Daksha Legal
Once land is formally de-notified from acquisition, the proceedings stand terminated and ownership reverts to the original owner. Any later interference based on payment of compensation to a third party based on fraudulent revenue entries is void. Karnataka High Court.
23-January-2026
Daksha Legal
Karnataka Land Reforms Act. Occupancy rights arise only after the land vests in the State and the claimant proves tenancy through reliable revenue records showing actual cultivation. Absence of the claimant’s name in the Record of Rights for the relevant period cannot establish tenancy though there are later entries. Karnataka High Court.
23-January-2026
Daksha Legal
Motor Vehicles Act. In case of death of a minor child, compensation must be calculated by taking a notional monthly income of minimum wages of the particular State and applying the multiplier based on the age of the younger parent. Karnataka High Court.
23-January-2026
Daksha Legal
In economic offences under the PMLA, personal liberty must be balanced against the gravity of the offence and the risk of interference with the investigation or trial, particularly by influential accused. The pendency of a predicate offence does not preclude denial of bail where a strong prima facie case of proceeds of crime exists. Karnataka High Court.
23-January-2026
Daksha Legal
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