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Daksha Legal
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2026
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Judgements
Evidence Act. Where some defendants support the case of the plaintiff and other defendants contest, the supporting defendants must first cross-examine the plaintiff’s witnesses before the contesting defendant. Permitting supportive defendants to cross-examine after the contesting defendant may enable them to fill lacunae left in the earlier cross-examination and cause prejudice to the contesting party. Karnataka High Court. 2026 Daksha Legal Kar 129
26-May-2026
Daksha Legal
Service Law. An order of suspension against a public servant cannot continue indefinitely, particularly when the suspension is based solely on the pendency of a criminal case and no domestic disciplinary proceedings have been initiated within a reasonable timeframe. Karnataka High Court. 2026 Daksha Legal Kar 110
26-May-2026
Daksha Legal
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court. 2026 Daksha Legal Kar 97
25-May-2026
Daksha Legal
A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court. 2026 Daksha Legal Kar 97
25-May-2026
Daksha Legal
Maneka Gandhi vs Union of India. 1978 Daksha Legal SC 1
25-May-2026
Daksha Legal
Specific Relief Act. It is not mandatory for a plaintiff to move an application under Section 28 to annul the judgement since the Court can treat the contract as having rescinded for non-compliance of the condition in the decree. Supreme Court. 2026 Daksha Legal SC 114
25-May-2026
Daksha Legal
Kesavananda Bharati vs State of Kerala - 1973 Daksha Legal 1-1240
25-May-2026
Daksha Legal
Will. Mere exclusion of the natural heirs from the property of the testator, by itself, does not invalidate a Will unless the exclusion is accompanied by suspicious circumstances affecting the genuineness or due execution of a Will. Supreme Court. Daksha Legal SC 102-113.
22-May-2026
Daksha Legal
Evidence Act. A standalone affidavit of a witness cannot be treated as substantive evidence or legal proof of a fact unless the deponent actively presents themselves for cross-examination in court. Supreme Court. 2026 Daksha Legal SC 102
23-May-2026
Daksha Legal
‘No waiver against the statutory right’. Mere delay in approaching the Court for maintenance does not disentitle wife, parents or children from claiming maintenance under Section 125 Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 91
22-May-2026
Daksha Legal
Section 231(2) Cr.P.C. Where multiple witnesses are set to testify on the same set of facts, and a reasonable apprehension of 'tutoring' or 'overlapping testimony' is raised by the defense, the Trial Court is legally bound to defer the cross-examination of key witnesses until the examination-in-chief of other related witnesses is completed. Failure to do so constitutes a manifest error of jurisdiction that undermines the fairness of the trial. Karnataka High Court. 2026 Daksha Legal Kar 77
21-May-2026
Daksha Legal
Motor Vehicles Act. A claimant has the right to elect only one of two available forums either the Motor Accident Claims Tribunal or the Commissioner for Workmen's Compensation. 'Doctrine of Election' bars the dual pursuit of remedies for the same cause of action. Karnataka High Court. 2026 Daksha Legal Kar 74
22-May-2026
Daksha Legal
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