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Daksha Legal
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2026
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Judgements
Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.
07-May-2026
Daksha Legal
Preventive detention. Failure to specifically state the grounds of detention in the Detention Order vitiates the exercise of preventive detention. Preventive detention cannot be invoked merely on the existence of pending criminal cases, particularly when the allegations are capable of being effectively addressed under the ordinary criminal law. Karnataka High Court.
07-May-2026
Daksha Legal
Representation of the People Act. Hand Book for Returning Officer. Duty cast on the Returning Officer to re-verify rejected postal ballots, where the margin of victory is less than the number of postal ballots rejected, is mandatory. Karnataka High Court orders recount of the postal ballots.
07-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to move an application under Section 28 to annul the judgement since the Court can treat the contract as having rescinded for non-compliance of the condition in the decree.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
06-May-2026
Daksha Legal
Karnataka High Court upholds jurisdiction of the Central Electricity Regulatory Commission to regulate inter-State transmission and open access transactions. Court directs structural separation of State Load Despatch Centre from Karnataka Power Transmission Corporation Limited, recognising inherent conflict of interest.
06-May-2026
Daksha Legal
Habeas Corpus. Custody of child with father cannot be termed as illegal detention since the issue can be considered by a competent Family Court. Karnataka High Court
06-May-2026
Daksha Legal
Employees’ Pension Scheme. Employees contributing to the Provident Fund on actual wages exceeding the statutory ceiling are entitled to exercise joint option for higher pension. Such right cannot be denied on the ground of absence of prior option, lack of contribution to the pension fund on higher wages, or restrictive Trust Rules. Karnataka High Court.
05-May-2026
Daksha Legal
Principle of res judicata applies even at different stages of the same proceedings and issues once decided cannot be reopened by merely altering the prayers. Karnataka High Court.
04-May-2026
Daksha Legal
Income Tax Act. Section 132. ‘Searched Person’ is only the individual named in the warrant and against whom satisfaction is recorded, not someone whose premises are searched. A third party does not become a ‘searched person’ merely because his premises are searched on suspicion of holding another’s material. Karnataka High Court.
05-May-2026
Daksha Legal
Specific performance. While there is a general presumption that time is not of the essence, this presumption stands rebutted where the parties, by express terms of the contract, employ clear, unambiguous, and unequivocal language indicating their intention to prescribe a definite and mandatory period for performance. Karnataka High Court.
05-May-2026
Daksha Legal
Mining. Extension of Forest Clearance must conform to the law in force at the time of extension, and prior compliance or executive guidelines cannot override statutory obligations under the current forest regime. Karnataka High Court.
02-May-2026
Daksha Legal
‘’Public transport must remain a place of safety and dignity, not one of silent fear and exploitation.’’ Karnataka High Court declines to quash criminal proceedings against the accused for posting obscene images of women on the Instagram account “Metro Chicks.”
29-April-2026
Daksha Legal
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