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  Arbitration and Conciliation Act. A non-signatory to an agreement that gives rise to arbitration proceedings has no right to participate or remain present in the proceedings. Supreme Court.

  • 19-August-2025
  • Daksha Legal
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  The Protection of Children from Sexual Offences (POCSO) Act is gender-neutral, and offences under Sections 4 and 6 can be invoked against women as well. The Karnataka High Court dismisses petition filed by a woman accused of sexually abusing a minor boy.

  • 18-August-2025
  • Daksha Legal
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  A plaint is liable to be rejected if the suit seeks to re-adjudicate issues that have already been conclusively decided in prior litigation between the same parties or their privies. A probate, when granted by a competent court, is conclusive as to the validity and due execution of the Will, and a subsequent suit challenging the same on grounds already litigated is not maintainable. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. Tahsildar is only a receiving officer as regards any application for regularization of land to be placed before the Committee. He has no power to reject the application. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Revenue Act. ‘Pot Kharab (a)’ also belongs to the owner and cannot be treated as a separate and distinct parcel of land. The conversion fee for such land cannot be levied at the market rate as a separate entity. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Arbitral Tribunal is the final arbiter of the disputes and an Arbitrator’s interpretation of the contractual terms are not liable to be interfered with, unless the court finds that no reasonable person could possibly hold the said view. Karnataka High Court.

  • 18-August-2025
  • Daksha Legal
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  Karnataka Land Reforms Act. A mortgagee in possession of a property cannot be considered a ‘deemed tenant’. An order of a Land Tribunal granting occupancy rights to a person who is a mortgagee is contrary to the law. Karnataka High Court.

  • 16-August-2025
  • Daksha Legal
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  A court cannot grant police protection to enforce a status quo order without first making a judicial determination of its violation. When facts and evidence are unclear, the Court should not delegate its responsibility to an external investigating or law enforcement agency, as this would confer upon such authority a jurisdiction it does not lawfully hold. Karnataka High Court.

  • 16-August-2025
  • Daksha Legal
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  Karnataka Stamp Act. The maximum stamp duty of Rs. 25 crores on amalgamation of companies specified in the Schedule does not include the additional duty. The duty chargeable under the Act would include not only the stamp duty as imposed under Section 3, but also the additional duty as levied under Section 3B of the Act. Karnataka High Court.

  • 15-August-2025
  • Daksha Legal
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  Popularity cannot be a shield for impunity. A celebrity status does not elevate an accused above the law, nor entitle him to preferential treatment in matters like grant of bail. Article 14 of the Constitution guarantees equality before the law, granting no exemption based on wealth, influence, or fame. Supreme Court.

  • 14-August-2025
  • Daksha Legal
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  Criminal Law. While the constitutional and statutory framework requires that an arrested person be informed of the grounds of arrest, substantial compliance with this mandate is sufficient unless demonstrable prejudice is established. The mere absence of written grounds does not, by itself, render the arrest illegal, unless it results in demonstrable prejudice or deprives the person of a fair opportunity to defend. Supreme Court.

  • 14-August-2025
  • Daksha Legal
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  Right to Information Act. In determining whether an entity is a public authority, funding and control by the Government must be taken into account. ‘Nirmathi Kendra’ is a public authority in terms of Section 2(h) of the Act. Karnataka High Court.

  • 16-August-2025
  • Daksha Legal