Judgements

Doctrine of necessary party under Order 1 Rule 10 CPC is different from the devolution of interest under Order 22 Rule 10 CPC. Transferee pendente lite is a representative in interest of the transferor and may be added as a party under Order 22 Rule 10 to protect the interest acquired by him. Karnataka High Court. 2026 Daksha Legal Kar 488

04-July-2026

Daksha Legal
A reasoned judicial order is the heartbeat of the justice delivery system, assuring the parties that their submissions have been duly considered and promoting transparency in the administration of justice. An unreasoned interim order, which fails to disclose the factors that weighed with the Court, creates uncertainty and is liable to be set aside. Karnataka High Court.

04-July-2026

Daksha Legal
Arbitration and Conciliation Act. A third-party purchaser who is not a signatory to the arbitration agreement cannot ordinarily be impleaded in proceedings under Section 34. Mere commercial interest in the arbitral outcome does not confer a right of impleadment, as arbitration is founded on party autonomy and consent. Karnataka High Court. 2026 Daksha Legal Kar 495.

04-July-2026

Daksha Legal
In a suit for partition, no period of limitation is prescribed, as the right to seek partition is an incident of joint ownership, giving every co-sharer a continuing cause of action to claim partition whenever they choose to sever their share from the joint property. Karnataka High Court. 2026 Daksha Legal Kar 453

03-July-2026

Daksha Legal
A statutory first charge validly created in favour of the State under fiscal legislations prevails over the charge under Section 26E of the SARFAESI Act. Karnataka High Court.

07-July-2026

Daksha Legal
NDPS Act. In offenses involving the seizure of a commercial quantity of contraband presumption of innocence is taken away. The rule of 'negation of bail' in commercial drug cases overrides procedural infractions. Karnataka High Court.

04-July-2026

Daksha Legal
Karnataka Stamp Act. Power conferred upon the Chief Controlling Revenue Authority to recover deficit stamp duty cannot be exercised beyond the statutory period of five years unless the non-payment of stamp duty is attributable to fraud, collusion etc. Writ Petition is maintainable despite the appellate/revision remedy when the demand is without jurisdiction. Karnataka High Court.

07-July-2026

Daksha Legal
Default bail. Once a charge-sheet complying with the requirements of Section 193(3) is filed within time, the right to default bail stands extinguished. Mere non-furnishing or non-filing of additional copies of the charge-sheet under Section 193(8) does not invalidate the charge-sheet or revive the statutory right to default bail. Supreme Court

08-July-2026

Daksha Legal
Criminal Law. Error in taking cognizance under the wrong section is a curable defect so long as the Court that has taken cognizance has the power to take cognizance of the other sections. Supreme Court.

07-July-2026

Daksha Legal
Advocates citing 'Artificial Intelligence hallucinated fake judgments' amounts to professional misconduct. Supreme Court directs the Bar Council of India to prescribe guiding principles along with the disciplinary action that will follow violation of the norms.

03-July-2026

Daksha Legal
A suit for specific performance filed beyond the period of limitation is barred by law. Plaint in such a suit is liable to be rejected under Order VII Rule 11 of the Civil Procedure Code. Supreme Court. 2026 Daksha Legal SC 201

03-July-2026

Daksha Legal
Rejection of plaint. Where only a part of the plaint is to be rejected, an Application under Order VI Rule 16 of the CPC is maintainable to strike out the pleadings which are otherwise unnecessary or abuse of the process of the Court. Karnataka High Court. 2026 Daksha Legal Kar 453

07-July-2026

Daksha Legal

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