Daksha Legal

2026 Daksha Legal Kar 1010. Indian Succession Act. A contested probate petition does not automatically become a regular suit requiring immediate payment of ad valorem court fee. The requisite stamp duty becomes payable only upon conclusion of the proceedings. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/22ef7c9ca6963d511a44942f

Karnataka Gram Swaraj and Panchayat Raj Act. Power to inquire into and direct the removal of alleged encroachments on public sites rests primarily with the designated Competent Authority. The Chief Executive Officer being the appellate authority cannot directly entertain the original complaint of encroachment. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/80accc7ab5805418b8f1a844

Criminal Law — Sections 153A, 295A and 505(2) IPC. Mere expression of views does not constitute an offence unless the requisite mens rea is established. The Sections require intent to promote communal disharmony and deliberate and malicious intent to outrage religious feelings. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/aca4e599ed70b1672ac0c0df

The Karnataka State Commission for SC/ST is purely a recommendatory, advisory, and fact-finding body. It has no authority to determine land title or issue directions to Revenue Authorities for mutation and khata transfer. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/f0dff3313c373b03bd9a3723

Criminal breach of trust. Money paid to a supplier towards the price of goods, including advance payment, becomes the supplier’s money as contractual consideration and is not held in trust or bailment. Failure to supply the goods after receiving payment may constitute a breach of contract, but not criminal breach of trust, in the absence of entrustment. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/a76d39befe8c576bdf68f8b6

Motor Vehicles Act. The Tribunal constituted under the Act cannot remain a silent spectator and must play an active role in detecting and preventing fraudulent claims arising from fabricated or staged accidents, particularly since insurance companies deal with public money. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/189f9b42829453d1d89b67ee ‎<This message was edited>

Interpretation of Statutes. An amendment styled as ‘for the removal of doubts’ that substantively alters legal liabilities or expands the tax base cannot retroactively impose penal or withholding consequences on past transactions conducted lawfully under the prevailing judicial interpretation at that time. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/dc7c93bf8895bbf3477388bf

The power of the State Government to appoint a Special Public Prosecutor under Section 24(8) of the CrPC cannot be exercised mechanically, as a matter of routine, or solely at the behest of private complainant. Displacement of a regular Public Prosecutor requires demonstrable ‘special circumstances.’ Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/c5803c9becaf01ca072c2fb1

2026 Daksha Legal SC 327 A registered sale deed does not become void merely because the full sale consideration was not paid; the remedy for unpaid consideration is recovery of the balance amount, not cancellation of the sale deed. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/3a1079066076b2bc643216fa

2026 Daksha Legal Kar 992. Limitation Act. A suit for declaration of title is governed by Article 58. A mere adverse, unauthorized, or wrong entry in the cultivator's column of revenue records does not automatically trigger the limitation period. The ‘right to sue first accrues’ only when there is a clear, unequivocal, and explicit threat to infringe the plaintiff's title. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/c7c450d47d9d5de1f9f30449 ‎<This message was edited>

Income Tax Act. An assessee cannot be held in default for failure to deduct tax pursuant to a retrospective statutory amendment. The obligation to deduct tax is governed by the law prevailing on the date of payment or credit, as no person can be compelled to perform an impossible obligation retrospectively. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/cbeb7fd699e762620ac62b8e

2026 Daksha Legal SC 319. Criminal Procedure Code — Section 197. A subsequent notification requiring prior sanction for prosecution does not invalidate cognizance lawfully taken when no such requirement existed. The notification does not affect proceedings in which cognizance had already been taken. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/7cf33cb429b1f1047160563f

Motor Vehicles Act. Though a tractor, insured for ‘agricultural purposes ‘ is used for commercial purposes, such as transporting sugarcane to factories, the insurance company cannot avoid liability towards a third-party pedestrian or bystander if the tractor was unladen and not engaged in commercial use at the time of the accident. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/5bfc26fe9e3f20d2a5286965

Karnataka Co-operative Societies Act. When the Board of a Primary Co-operative Society is superseded or a Special Officer is appointed the Primary Society and its appointed delegate lose the statutory right to vote in elections to a Secondary Society, even if the delegate’s name was previously finalized in the electoral roll. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/3d3a236d0d8522e85083442d

Service Law. A public employee cannot be terminated merely because a criminal case is pending against him. Such an order does not become valid by a subsequent conviction, as the legality of the termination must be judged on the facts existing on the date it was made. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/ae2e80cde574db9c6002a578

2026 Daksha Legal Kar 979 Arbitration and Conciliation Act. The 30-day timeline prescribed for filing an application for correction or interpretation of an award under Section 33 is strict and can be varied or extended only by mutual agreement of the parties, and not by judicial condonation of delay. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/26b90128aae1c83c6d5e4c63

Industrial Disputes Act. Failure to obtain approval under Section 33(2)(b) does not obliterate the underlying charges of misconduct or invalidate the prior domestic inquiry. The Labour Court or Industrial Tribunal retains jurisdiction in proceedings under Section 10 or Section 33A to adjudicate the merits of the alleged misconduct and determine the validity of the disciplinary action. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/5e1f0df6d791867dd297a361

2026 Daksha Legal SC 314 Arbitration and Conciliation Act — Section 11(6). A fresh application under Section 11(6) on the same cause of action is barred by Order XXIII Rule 1 CPC if the earlier application was withdrawn without liberty to file afresh. The bar, founded on public policy, applies to proceedings under Section 11. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/a24b75fd00944db6b4b77b83 ‎<This message was edited>

2026 Daksha Legal Kar 963 Submission of Inquest Report does not terminate the proceedings under Section 174 CrPC. The Investigating Officer is legally bound to independently complete the investigation and submit a Final Report before the jurisdictional Judicial Magistrate. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/d1f3996c48580e9afe7fa8e8 ‎<This message was edited>

2026 Daksha Legal Kar 970. Partnership Act. A partnership consisting of only two partners automatically dissolves upon the death of either partner, notwithstanding any clause to the contrary. Legal heirs do not automatically become partners, and induction of a new partner constitutes a fresh partnership. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/f4d4aaf84498b561c4ac09fd