Judgements

Arbitration and Conciliation Act. Allegations of fraud, criminal wrongdoing, or statutory violations do not, by themselves, oust the jurisdiction of an Arbitral Tribunal. Disputes arising from civil or contractual relationships remain arbitrable where covered by a valid arbitration agreement. Karnataka High Court.

11-April-2026

Daksha Legal
Police shall not act as debt recovery agents by converting civil disputes into criminal charges without proper legal basis or evidence of criminality involved. Karnataka High Court.

10-April-2026

Daksha Legal
Urban Land (Ceiling and Regulation) Act. Where the State’s assertion of taking possession is corroborated by contemporaneous documentary evidence and sketches showing demarcation, the challenge to the acquisition lacks merit and the property remains vested with the State, regardless of subsequent claims by the original landholders. Karnataka High Court.

10-April-2026

Daksha Legal
Land acquisition. When the market value is determined based on sale deeds that were executed prior to the issuance of the preliminary notification, the principle of 'annual escalation' must be applied to account for the appreciation in land value during the intervening period. Guidance value cannot always be the basis. Karnataka High Court.

10-April-2026

Daksha Legal
Limitation Act. An assignment of receivables does not give rise to a fresh cause of action or extend the period of limitation. The limitation period for recovery of an assigned claim must be computed from the date on which the assignor originally became entitled to enforce the claim, and not from the date of the assignment. Karnataka High Court.

10-April-2026

Daksha Legal
Stamp Act. The authority to impound a document for insufficient stamp duty applies exclusively to the 'original instrument'. A photocopy cannot be impounded, nor can it be validated by the payment of duty and penalty to make it admissible as secondary evidence. Karnataka High Court.

09-April-2026

Daksha Legal
Karnataka Stamp Act. The time limit of two years to initiate proceedings for undervaluation cannot be defeated by a technical contention that the exercise of calling for the document had been done by the District Registrar within two years. Karnataka High Court.

09-April-2026

Daksha Legal
Karnataka Land Revenue Act. Deputy Commissioner cannot reject an application for conversion of land on the ground that the land transaction violates the Karnataka SC/ST (PTCL) Act. Though the Deputy Commissioner can initiate 'suo-motu' proceedings through the Assistant Commissioner to investigate PTCL violations, he must consider the conversion application independently. Karnataka High Court.

09-April-2026

Daksha Legal
Order 21 Rule 54 CPC. In execution proceedings involving large-scale real estate projects, an order of attachment must be proportionate and specifically directed. Attaching an entire project when the dispute or the underlying liability only pertains to a small fraction of those units is contrary to law and unsustainable. Karnataka High Court.

09-April-2026

Daksha Legal
Negotiable Instruments Act. The Magistrate at the stage of issuing process is only required to determine if there is a 'prima-facie' case to proceed. The question of whether the cheque was issued for a 'legally enforceable debt' is a disputed question of fact and a matter of trial. A Revisional Court or the High Court cannot set aside the issuance of process by conducting a mini-trial. Supreme Court.

09-April-2026

Daksha Legal
Magistrate has no power to order issuance of Red Corner Notice or consequential open-dated warrant either under Cr.P.C., BNSS or any other law. Karnataka High Court.

08-April-2026

Daksha Legal
Motor Vehicles Act. Amount paid to victim from out of the ‘Passengers Accident Relief Fund Trust’ established by the Road Transport Corporation cannot be termed as interim compensation and hence cannot be deducted from the compensation. Karnataka High Court.

08-April-2026

Daksha Legal

1
...
7
8
9
10
11
...
471