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  A civil suit seeking a declaration simpliciter for the rectification of a person's name and identity/caste details in school and educational records is maintainable where no entitlement to reservation or state-conferred benefit is being actively claimed or asserted in the suit. Karnataka High Court. 2026 Daksha Legal Kar 503

  • 10-July-2026
  • Daksha Legal
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  Child custody. A parent who is unwilling to assume financial and emotional responsibility for a child cannot claim visitation rights especially when the issue is already concluded in the mediation. Parental rights cannot be asserted while deliberately evading corresponding parental duties. Karnataka High Court.

  • 10-July-2026
  • Daksha Legal
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  Negotiable Instruments Act. A joint account holder cannot be prosecuted under Section 138 unless he is a direct signatory to the specific dishonoured cheque. Culpability under Section 138 extends strictly to the actual drawer/signatory of the cheque, except where structural corporate vicarious liability is properly established under the Section 141. Karnataka High Court. 2026 Daksha Legal Kar 526.

  • 08-July-2026
  • Daksha Legal
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  Medical Negligence. On the death of a medically negligent doctor, the right to sue survives against his estate under Section 306 of the Indian Succession Act. The legal heirs may be impleaded with the extent of liability to be determined on the basis of the pleadings and evidence on record. Supreme Court.

  • 07-July-2026
  • Daksha Legal
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  Criminal Law. Where a person sells a property belonging to a third party by falsely pretending to be the actual owner, the element of cheating is present from the very inception of the act. Such fraudulent misrepresentation and impersonation to make a wrongful gain cannot be regularized as a dispute purely civil in nature. Karnataka High Court. 2026 Daksha Legal Kar 557

  • 09-July-2026
  • Daksha Legal
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  Karnataka Stamp Act and the Karnataka Registration Rules. Where a prospective purchaser deposits stamp duty and registration fees for a proposed property transaction that is subsequently abandoned before registration is completed, the purchaser is entitled to a refund. In the absence of any prescribed limitation period, the refund claim cannot be rejected on the ground of delay. Karnataka High Court.

  • 08-July-2026
  • Daksha Legal
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  Insolvency and Bankruptcy Code. Where the dispute between the parties is predominantly contractual, involving competing claims relating to the transfer of property and allied obligations, insolvency proceedings cannot be invoked as a coercive mechanism for recovery. Supreme Court. 2026 Daksha Legal SC 207

  • 08-July-2026
  • Daksha Legal
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  Negotiable Instruments Act. A cheque issued in the name of the company, after dissolution of the company, would not become a legally enforceable instrument. If the cheque is issued during such dissolution proceedings, the Directors are to be held liable for fulfilling the legally enforceable instrument. Karnataka High Court. 2026 Daksha Legal Kar 577

  • 09-July-2026
  • Daksha Legal
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  Karnataka Land Grabbing Prohibition Act. A civil suit for declaration and possession cannot be transferred to the Special Court merely because the State claims the land is Government property. The Special Court's jurisdiction arises only where there is a specific allegation of land grabbing, positive action by the authorities, and a reasoned finding that the defendant knowingly and unlawfully occupied the land. Karnataka High Court. 2026 Daksha Legal Kar 566

  • 09-July-2026
  • Daksha Legal
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  Evidence Act. Section 73. The the court may independently compare disputed and admitted thumb impressions or signatures and reach its own conclusion on the identity of the executant, irrespective of or in addition to expert opinion. Karnataka High Court.

  • 08-July-2026
  • Daksha Legal
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  Criminal proceedings initiated to arm-twist a medical doctor for joining another institution amount to an abuse of process and are liable to be quashed when they stem from ‘wounded pride’ and ‘institutional resentment’ rather than any criminal offence. Karnataka High Court.

  • 10-July-2026
  • Daksha Legal
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  Delay or limitation cannot be invoked to perpetuate an illegal or fraudulent decree affecting valuable property rights. Supreme Court upholds trial court's condonation of a 22-year delay in setting aside compromise decree obtained by fraud.

  • 06-July-2026
  • Daksha Legal