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Daksha Legal
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2026
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Judgements
Employee’s Compensation Act. The liability of an insurance company under the Act is strictly governed by the terms of the insurance contract. When a policy is issued based on a specific declaration of wages and a specific category of risk, the insurer’s liability to indemnify the employer is limited to those declared values. Karnataka High Court. 2026 Daksha Legal Kar 67
21-May-2026
Daksha Legal
Suit for specific performance. A person who asserts an independent title to the subject property through a registered instrument is a 'proper party' under Order I Rule 10(2) of the CPC. Although such a person may not be a party to the underlying agreement to sell, their impleadment is essential to ensure a complete and effective adjudication of the dispute and to avoid the risk of conflicting judicial findings or a multiplicity of subsequent litigations regarding the same property. Karnataka High Court. 2026 Daksha Legal Kar 57
20-May-2026
Daksha Legal
SC/ ST (Prevention of Atrocities) Act. An offence is constituted only when the alleged insult or caste-based abuse occurs ‘in a place within public view’. Even if the occurrence takes place in a private place, it must be visible or accessible to public gaze so that members of the public are capable of witnessing what transpired. Supreme Court. 2026 Daksha Legal SC 93
20-May-2026
Daksha Legal
Arbitration and Conciliation Act. The appellate jurisdiction under Section 37 is supervisory and narrower than the scope under Section 34. The Court cannot re-appreciate evidence or substitute its own interpretation of the contract in place of that adopted by the Arbitral Tribunal, so long as the Tribunal’s view is a ‘plausible’ or ‘possible’ one. Karnataka High Court
21-May-2026
Daksha Legal
Suit for partition. A plaint claiming relief in excess of what may be ultimately decreed is not rendered barred by law. Plaint cannot be rejected on this ground. Supreme Court. 2026 Daksha Legal SC 75
19-May-2026
Daksha Legal
‘Interlocutory res judicata.’ A party which has once succeeded or failed on an issue cannot re-agitate the same at a subsequent stage of the same proceedings. Supreme Court. 2026 Daksha Legal SC 75
19-May-2026
Daksha Legal
Hindu Succession Act. Section 6(5) A plea of oral partition based solely on oral evidence must be rejected outright and only in exceptional cases, where such a plea is supported by public documents and is evinced in the same manner as a partition effected by a court decree, may it be entertained. Supreme Court. 2026 Daksha Legal SC 75
20-May-2026
Daksha Legal
Order XX Rule 18 CPC. A successful party need not initiate independent, fresh final decree proceedings. The Trial Court is mandated to suo motu keep the suit pending and immediately take consequential steps to partition the property by metes and bounds, or order a judicial sale if it is physically impartible. Supreme Court. 2026 Daksha Legal SC 66
20-May-2026
Daksha Legal
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. 2026 Daksha Legal Kar 32
19-May-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. 2026 Daksha Legal SC 50
18-May-2026
Daksha Legal
Bigamy. Section 494 IPC. Magistrate has no jurisdiction to take cognizance of an offence of bigamy based on a police report filed under Section 190(1)(b). A police report cannot be elevated to the status of a ‘complaint’ for offences falling under Chapter XX of the IPC. Karnataka High Court. 2026 Daksha Legal Kar 25
18-May-2026
Daksha Legal
Real Estate (Regulation and Development) Act. When a recovery certificate is issued by the RERA under Section 40 the designated revenue authorities have a mandatory statutory obligation to execute said certificate and recover the dues as arrears of land revenue. The Court may issue a writ of mandamus to compel the recovery within a specified timeframe. Karnataka High Court. 2026 Daksha Legal Kar 23
17-May-2026
Daksha Legal
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