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  ‘’Mandate First, Gains Later; SEBI Compliance, Never Falter’’. Compliance with the SEBI (Mutual Funds) Regulations is mandatory and cannot be overridden by commercial prudence or perceived investor benefit. Once a statutory violation is established, penalty ordinarily follows irrespective of mens rea, unless the statute provides otherwise. Supreme Court.

  • 15-July-2026
  • Daksha Legal
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  The presumption of constitutionality not just applies to plenary legislation but also to subordinate legislation. It is a rebuttable presumption and the burden will be on the petitioners to displace the presumption. Supreme Court.

  • 24-July-2026
  • Daksha Legal
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  Order XXIII Rule 3A CPC. Setting aside a compromise decree. A stranger claiming a derivative title through a party to the suit must approach the compromise-recording court. However, where the claim is based on an independent, pre-existing title, a separate suit is maintainable. Karnataka High Court. 2026 Daksha Legal Kar 598

  • 15-July-2026
  • Daksha Legal
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  DNA Test. When adult plaintiffs voluntarily request a DNA test to establish their biological roots, issues concerning the invasion of their privacy or the social stigmatization of their birth do not arise. When major discrepancies exist in the available oral and documentary evidence, making it insufficient to prove or disprove a biological link, a scientific DNA test is a permissible route to resolve foundational identity questions. Karnataka High Court.

  • 15-July-2026
  • Daksha Legal
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  An agreement to sell executed during a statutory prohibition on sale does not itself amount to a conveyance or transfer of title and is not void ab initio. Where the statutory bar has been repealed before the suit is instituted, the Court cannot deny specific performance only on the basis of the repealed prohibition. Karnataka High Court. 2026 Daksha Legal Kar 613

  • 15-July-2026
  • Daksha Legal
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  Default Bail. A mechanical order extending the time to file the charge-sheet, passed without due application of mind, is grossly illegal, arbitrary, and violative of the accused's fundamental right to personal liberty under Article 21 of the Constitution, thereby entitling the accused to default bail. Supreme Court.

  • 15-July-2026
  • Daksha Legal
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  Article 227 of the Constitution. The High Court's supervisory jurisdiction is limited to correcting jurisdictional errors, including unwarranted assumption, abuse, or refusal to exercise jurisdiction. It cannot act as an appellate court to reappreciate evidence, substitute its own findings, or correct every factual or legal error unless the error is apparent on the face of the record or amounts to a jurisdictional failure. Supreme Court

  • 18-July-2026
  • Daksha Legal
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  Arbitration and Conciliation Act. A collaborator whose participation is essential to qualify the contractor for the bid and who undertakes joint and several liability for contract performance is an integral part of the contract and is entitled to invoke the arbitration clause. Supreme Court.

  • 17-July-2026
  • Daksha Legal
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  Though Revenue records are not documents of title and do not confer ownership merely because a person's name appears in them, they can raise a presumption regarding possession. Supreme Court.

  • 20-July-2026
  • Daksha Legal
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  POCSO Act. Not every teacher or office-bearer of an educational institution can be prosecuted under Section 21. Only those who directly receive information from the child victim regarding sexual assault and fail to report it can be prosecuted. Mere presence during an internal verification, without receiving such information, does not attract criminal liability. Supreme Court.

  • 14-July-2026
  • Daksha Legal
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  Anticipatory Bail. Where allegations and counter-allegations appear to be politically motivated and seemingly influenced by such rivalry, rather than disclosing a situation warranting custodial interrogation, and the veracity of the allegations can be tested at trial, anticipatory bail cannot be denied. Supreme Court

  • 14-July-2026
  • Daksha Legal
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  Section 498A IPC. In certain cases, in-laws are roped in by an extension of roping the husband. It must be ensured that the law, which was enacted by the legislature as a tool to safeguard women in their marital homes, is not misused to settle personal grudges against every member of the husband's family in the absence of any specific role attributable to them. Supreme Court.

  • 14-July-2026
  • Daksha Legal