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  Arbitration and Conciliation Act. A civil suit for an injunction to restrain arbitration proceedings is barred under Section 5, as all issues concerning the Arbitral Tribunal’s jurisdiction—including the existence, validity, or limitation of the arbitration agreement—fall exclusively within the Tribunal’s competence under Section 16. Karnataka High Court.

  • 01-October-2025
  • Daksha Legal
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  Negotiable Instruments Act. A loan transaction is not rendered unenforceable under Section 138, nor are the presumptions under Sections 118 and 139 rebutted, solely on the ground that the transaction was in breach of the Income Tax Act, 1961. Supreme Court.

  • 01-October-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. The non-joinder of a necessary party constitutes a fundamental error of law, striking at the root of the proceedings and rendering the adjudication and award legally unsustainable. Karnataka High Court.

  • 01-October-2025
  • Daksha Legal
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  Karnataka Cooperative Societies Act. For the purpose of a delegate's eligibility to vote in a cooperative society election, the 12-month membership duration required under Section 20(2)(a-iii), must be calculated with reference to the date of the election and not the date on which the delegation resolution was passed. Karnataka High Court.

  • 01-October-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. Power of the tribunal to award interest would operate if it is not otherwise agreed by the parties. If there is an agreement between the parties to the contrary, the arbitral tribunal would lose its discretion to award interest and will have to be guided by the agreement between the parties. Supreme Court.

  • 30-September-2025
  • Daksha Legal
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  Challenge to the final seniority list of the District Judges by the Karnataka High Court. Division bench delivers separate divergent judgements.

  • 29-September-2025
  • Daksha Legal
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  Wholesale importation of American doctrines, in the realm of free speech, cannot be the touchstone for interpreting the provisions of the Indian Constitution. Law requiring removal of unlawful content upon government notification, is a valid and non-arbitrary condition for claiming the ‘safe harbour’ exemption. Karnataka High Court.

  • 29-September-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act. Person sought to be evicted cannot take the plea that he himself is a senior citizen especially when he was below the age of 60 when the complaint was filed by his parents. Supreme Court.

  • 27-September-2025
  • Daksha Legal
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  The Legislature has the competence to alter the forum and coram for appeals to reduce judicial pendency. However, a legislative provision giving an amendment retrospective effect of nullifying past final judgments without a saving clause is arbitrary. Karnataka High Court.

  • 01-October-2025
  • Daksha Legal
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  Provincial Insolvency Act. A sale of debtor’s property by Official Receiver during insolvency proceedings is not automatically protected as a ‘duly made’ or ‘valid’ after the adjudication is annulled, unless the transaction has attained finality. Supreme Court.

  • 27-September-2025
  • Daksha Legal
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  Karnataka Cooperative Societies Act. On the expiry of two months from the date of submission of the application for membership, a person who had applied for membership would be deemed to be a member of the co-operative society. Karnataka High Court.

  • 27-September-2025
  • Daksha Legal
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  Motor Vehicles Act. Even non-dependent legal representatives of a deceased person are entitled to compensation for loss of dependency. A married daughter also is considered a legal representative and is entitled to compensation. Karnataka High Court.

  • 26-September-2025
  • Daksha Legal