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Daksha Legal
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2026
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Judgements
Prospective, Retrospective and Retroactive Application of Laws. Should the Legislature expressly specify the prospective, retrospective or retroactive operation of laws to avoid interpretational disputes, conflicting judicial decisions and needless litigation? Karnataka High Court calls upon the Legislature, Law Commissions, jurists, Bar Councils, legal practitioners and other stakeholders to deliberate and evolve an effective solution.
21-October-2026
Daksha Legal
Prevention of Corruption Act. Prior approval under Section 17A of the Act is not required where an inquiry, enquiry or investigation concerning matters covered by the said provision commenced before the amendment introducing Section 17A came into force. Karnataka High Court.
21-October-2026
Daksha Legal
Criminal liability of parents for permitting minors to drive. A parent who knowingly entrusts a motor vehicle to a minor, resulting in a fatal accident, can be prosecuted for culpable homicide not amounting to murder under Section 304 Part-II IPC, where the material prima facie discloses conscious entrustment and knowledge of the likelihood of causing death. Karnataka High Court. 2026 Daksha Legal Kar 1471
19-October-2026
Daksha Legal
Advocates practicing the legal profession without passing AIB Exam for several years amounts to the criminal offence of cheating. Karnataka High Court permits criminal prosecution while issuing directions to the Bar Council. 2026 Daksha Legal Kar 1460.
19-October-2026
Daksha Legal
Right to Information Act – Disclosure of Vigilance Enquiry Records. An investigating agency exempted under Section 24(4) of the RTI Act cannot claim blanket immunity from disclosure of information relating to allegations of corruption. A person against whom a vigilance enquiry was conducted and subsequently closed is entitled to obtain the enquiry reports and connected records, subject to statutory exemptions. Madras High Court.
17-October-2026
Daksha Legal
Customs Brokers Licensing Regulations. ‘Immediate suspension of license does not mean instantaneous’. The power of immediate suspension of a Customs Broker’s licence under Regulation 16(1) is an exceptional preventive measure, exercisable only upon recording reasons establishing the necessity for immediate action. Madras High Court.
17-October-2026
Daksha Legal
A void document is void from its inception and does not require any challenge to it as an absolute necessity as the same is just a mere formality. ‘Void’ is ‘Void’ forever and cannot be made valid merely because no challenge is made. Karnataka High Court.
16-October-2026
Daksha Legal
Employees’ Compensation Act. The monthly wages of an employee, for the purpose of calculating compensation, cannot be assessed below the amount notified by the Ministry of Labour and Employment. Further, the ‘pay and recover’ principle is applicable to compensation awarded under the Act. Karnataka High Court.
16-October-2026
Daksha Legal
Housing Co-operative Societies. Restrictions on membership under the society’s bye-laws do not invalidate a registered sale deed executed in favour of a nominal or non-member by authorised office-bearers pursuant to a valid board resolution and for lawful consideration. Once title is transferred through a registered sale deed, the vendor cannot unilaterally cancel it. Karnataka High Court.
17-October-2026
Daksha Legal
Code of Civil Procedure. In a suit instituted by plaintiff, defendant can maintain an application for temporary injunction only under Order XXXIX Rule 1(a) and not under Order XXXIX Rule 1(b) or (c), regardless of whether the cause of action is shared or distinct. To claim such relief, the defendant must file an independent suit. Karnataka High Court. 2026 Daksha Legal Kar 1457.
17-October-2026
Daksha Legal
Negotiable Instruments Act. A person who executes a General Power of Attorney in favour of an agent cannot be prosecuted for an offence under Section 138 for cheques issued from the GPA holder’s account, even if the underlying debt arises out of transactions conducted on behalf of the principal. Karnataka High Court. 2026 Daksha Legal Kar 1453
17-October-2026
Daksha Legal
Constitution of India. Reservation. A person entitled to the benefit of affirmative action under Article 16(4) of the Constitution in the Hindu social order ceases to be entitled to such benefit upon conversion to Islam, Christianity or any other religion outside that social order. Supreme Court. 2026 Daksha Legal SC 732
16-October-2026
Daksha Legal
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