Judgements

Order VII Rule 11(d) CPC. A plaint cannot ordinarily be merely on the plea that the suit is barred by Order II Rule 2 CPC. The defence under Order II Rule 2 generally requires examination of causes of action, pleadings and evidence, and therefore cannot usually be decided solely on the averments contained in the plaint. Supreme Court. 2026 Daksha Legal SC 136-156

08-June-2026

Daksha Legal
When agricultural lands fall within the jurisdiction of the BBMP/GBA, revenue officers have no jurisdiction to initiate actions under the Karnataka Land Revenue Act. Karnataka High Court.

08-June-2026

Daksha Legal
Where a special enactment prescribes a specific period of limitation along with a limited power to condone delay, the Court cannot, by exercising judicial discretion, extend the period beyond the statutory limit. Karnataka High Court

08-June-2026

Daksha Legal
Unauthorised issuance of a duplicate SIM card by a telecom service provider constitutes negligence and deficiency in service, rendering it vicariously liable for consequential cyber fraud. Karnataka High Court awards punitive damages against BSNL.

06-June-2026

Daksha Legal
Right to speedy trial is part of Article 21. Where investigation into an offence remains pending for an unduly prolonged period without adequate justification, the accused/complainant may approach the High Court under Section 528 BNSS / Section 482 CrPC seeking appropriate directions for expeditious investigation, status updates, or, in the case of the accused, quashing of the proceedings. Supreme Court

06-June-2026

Daksha Legal
Mines and Minerals (Development and Regulation) Act. Royalty liability is determined by the law in force on the date of removal/dispatch of minerals. A purchaser cannot avoid payment of an increased statutory royalty merely because the auction and contract were concluded before the amendment. When a statutory levy is enhanced, it overrides inconsistent contractual terms. Supreme Court.

06-June-2026

Daksha Legal
The constitutional right to travel abroad must be balanced against the victim's right to a speedy trial and the public interest. An accused facing criminal prosecution may retain possession of his passport, but foreign travel even on medical grounds can be restricted when all medical facilities exist domestically. Supreme Court. 2026 Daksha Legal SC 131-135

06-June-2026

Daksha Legal
Hindu Succession Act. Section 8. Upon the death of a coparcener, his interest devolves upon his legal heirs as tenants-in-common and not as joint tenants. A widow cannot assume the status of karta of the family, nor can she alienate any portion of the property on the plea of legal necessity so as to affect or bind the shares devolving upon the legal heirs of the deceased. Supreme Court. 2026 Daksha Legal SC 125-130

05-June-2026

Daksha Legal
Motor Vehicles Act. Future prospects can be awarded even to cases where the deceased was not employed. No person can remain as static since there is always an incessant effort to enhance one’s income for sustenance and income. Karnataka High Court.

05-June-2026

Daksha Legal
Hindu Marriage Act. Persistent refusal of sexual relation without a reasonable cause constitutes mental cruelty and is a valid ground for divorce under Section 13(1)(ia). Withholding sexual intimacy inflicts severe emotional distress and undermines the bedrock of marriage. Supreme Court.

04-June-2026

Daksha Legal
When a plaintiff pleads a later date of knowledge regarding fraud or denial of rights in a suit for cancellation of a deed, limitation under Article 59 of the Limitation Act becomes a mixed question of law and fact, and the plaint cannot be rejected under Order VII Rule 11 CPC. Delhi High Court.

03-June-2026

Daksha Legal
SARFAESI Act. The mandatory requirement of pre-deposit contemplated under the second proviso to Section 18(1) applies only to a borrower. A non-borrower cannot be compelled to make any pre-deposit as a condition precedent for maintainability of the appeal. Karnataka High Court. 2026 Daksha Legal Kar 193-210

04-June-2026

Daksha Legal

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