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  Witnesses to the proceedings under Section 125 Cr.P.C. cannot lead their evidence-in-chief by filing affidavits in lieu of chief examination. Evidence must strictly be recorded in the manner prescribed for summons cases under Section 126(2) Cr.P.C. Karnataka High Court. 2026 Daksha Legal Kar 1371

  • 07-October-2026
  • Daksha Legal
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  Prevention of Corruption Act. Mere recovery of alleged bribe money is insufficient for conviction under the unless the prosecution beyond reasonable doubt that the public servant voluntarily accepted the money, knowing it to be a bribe. Supreme Court reiterates.

  • 06-October-2026
  • Daksha Legal
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  Tax classification. A product must be classified in the form in which it is sold and not by its subsequent use by the consumer. A powder does not become a ‘beverage’ merely because it can subsequently be mixed with water/milk and consumed as a drink. Supreme Court

  • 06-October-2026
  • Daksha Legal
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  Criminal Law. A General Power of Attorney holder who acted within the authority of the landowners cannot be subjected to greater criminal liability than the landowners themselves when the allegations disclose no aggravated or independent criminal role. Supreme Court.

  • 06-October-2026
  • Daksha Legal
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  Vague and omnibus allegations of dowry harassment and cruelty, unsupported by specific acts or prima facie material against the in-laws, cannot be permitted to continue as a criminal prosecution. Supreme Court reiterates.

  • 06-October-2026
  • Daksha Legal
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  Specific Relief Act. Where a plaintiff seeks a mere declaration without claiming the necessary consequential relief, the Court must afford an opportunity to amend the plaint to incorporate such relief. Such an amendment may be permitted at any stage, even in a second appeal before the High Court, subject to the limitations prescribed under Order VI Rule 17 CPC.

  • 06-October-2026
  • Daksha Legal
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  Partnership Act. Section 63. ‘’Recording of the reconstitution is not adjudication’’. The Registrar cannot refuse to record a change in the constitution of a registered firm merely because the outgoing partner has not signed the reconstituted partnership deed. Karnataka High Court.

  • 06-October-2026
  • Daksha Legal
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  Wakf Act. A notification under Section 5 does not automatically empower the Wakf Board to claim a property where its character is disputed and there is a prior adjudication by a judicial authority declaring it to be private property. Karnataka High Court.

  • 06-October-2026
  • Daksha Legal
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  ‘’A recruitment scam in a Public Service Commission is not merely a theft of post; it is a theft of equality of opportunity’’. Karnataka High Court constitutes Special Investigation Team to investigate KPSC Veterinary Officer recruitment irregularities.

  • 05-October-2026
  • Daksha Legal
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  Registration of a suit and adjudication of limitation are distinct procedural stages. A Trial Court cannot refuse to register a suit merely on the ground of limitation; the issue must be dealt with by either rejection of the plaint or dismissal of the suit as contemplated under Section 3 of the Limitation Act. Karnataka High Court. 2026 Daksha Legal Kar 1361.

  • 05-October-2026
  • Daksha Legal
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  KPIDFE Act. Whether money received constitutes a ‘deposit’ depends on the substance of the transaction, not its nomenclature. Ad interim attachment under Section 3 requires sufficient material to form the statutory opinion, while disputed questions on the nature of transactions are for the Special Court. Karnataka High Court.

  • 06-October-2026
  • Daksha Legal
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  Micro, Small and Medium Enterprises Development Act. The MSME revival framework does not automatically stay recovery proceedings merely upon MSME registration. A borrower seeking its protection must cooperate with the bank and furnish necessary material demonstrating a viable revival proposal; failing which, SARFAESI proceedings cannot be invalidated merely for non-constitution of the MSME Committee. Karnataka High Court.

  • 08-October-2026
  • Daksha Legal