Daksha Legal

A document which is inherently unreadable does not attain readability merely by virtue of being placed on a judicial record. Taking cognizance of a criminal offence on the basis of blank or illegible documents reflects non-application of mind and renders the proceedings liable to be quashed. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/ebdca12bbf7b71c9a15a022c

Dowry Death. Section 304-B IPC is not a substitute for Section 302. Where direct or circumstantial evidence, including ante-mortem injuries and inconsistencies in the medical and investigative records, prima facie indicates homicide, the Trial Court must frame or add a charge under Section 302 IPC even if the police report does not propose it. The Court cannot remain a mute spectator or allow defective investigation or inconclusive medical evidence to defeat the quest for truth. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/02b8901654104c5301666e17

2026 Daksha Legal Kar 1187 Personal Liberty: Once the police issue a notice under Section 35(3) of the BNSS, they cannot abandon it midway and resort to arresting the accused. Custody is warranted only when the accused/noticee fails to comply with the notice, refuses to cooperate with the investigation, or otherwise attracts circumstances justifying arrest. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/ccd14cd26a3513d2d3375aa2

2026 Daksha Legal SC 475 Quashing of criminal proceedings on the basis of settlement. A 'victim' is distinct from an 'informant' in a criminal case. Quashing of criminal proceedings upon settlement can be done only at the behest of the victim and not at the behest of the informant. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/22e1a563c7b831b7025011fd

Charges recovered by Banks for non-maintenance of Minimum Average Balance, which are in the nature of penalty for breach of a contractual condition and not consideration for any service rendered, cannot be subjected to Service Tax under the Finance Act. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/5e695a3f2af77682157eedce

Arbitration and Conciliation Act. Interim orders protecting the subject matter of arbitration may be passed against a stranger. A person who voluntarily intervenes in the proceedings but fails to prima facie establish an independent right, title or interest cannot wriggle out of the binding nature of preventive orders that may be granted to preserve the subject matter of the arbitration. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/b86c85dd3bc9cafde7eaadec

Where the prosecution fails to prove the victim’s minority under the POCSO Act, the accused cannot be convicted of rape in the absence of a specific charge for that offence. Karnataka High Court issues guidelines for the Judicial Officers conducting criminal trials. https://www.dakshalegal.com/judgements/actionRead/71b370879cd63a304a8f56e1

2026 Daksha Legal SC 462 CCTV footage collected during investigation and forming part of the prosecution’s own record can be considered under Section 482 CrPC. Where such footage is admitted, unrefuted and of unimpeachable provenance and reliability, and demonstrably negates the accused’s participation in the alleged offence, it cannot be lightly brushed aside. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/f53db072f7e11301eaaaf9eb

2026 Daksha Legal Kar 1122 Criminal Trespass. Mere entry upon land over which rival claims are asserted does not constitute criminal trespass unless accompanied by the requisite criminal intent. A person entering property under a claim of right founded on a registered sale deed cannot be accused of criminal trespass. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/fb29213e3dae153ee68938d2

A time-barred claim for specific performance crumbles the foundation for any consequential relief seeking declaration of a sale deed as null and void. The plaint in such a suit is liable to be rejected under Order VII Rule 11 CPC. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/3beacff31bf1b79514e42454

Criminal Law. In the absence of an appeal preferred by the State or the victim or the Complainant seeking enhancement of the sentence, the appellate court cannot enhance the sentence of the convict on its own so as to leave the convict in a position worse off than he was prior to filing of the appeal. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/183c8f25843ad068c5281587

Interpretation of Statutes. A non-obstante clause stating, ‘’notwithstanding anything contained in any other law,’’ gives the Section overriding effect only over conflicting provisions in other enactments. It does not override or nullify another provision contained in the same Act. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/755c303efdbba021720d6e50

Stamp Duty. Actual user of the property is the determining factor for valuation of land for stamp-duty purposes where the applicable Government circular so provides; mere classification of the area is not decisive. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/a9041968bb61e8c8ccdaa07e

Whether a condition of pre-deposit of security/fees prior to reference to Arbitration violates Article 14, the right to sue, Section 28 of the Contract Act and Section 18 of the Arbitration and Conciliation Act - Supreme Court refers the issue to a larger Bench. https://www.dakshalegal.com/judgements/actionRead/ebce4ed2b03284a5f5d94bc3

Domestic Violence Act. A party who has expressly relinquished monetary or maintenance claims cannot revive the same claims through subsequent proceedings merely on the allegations of coercion or duress. A major daughter who was not a party to the settlement retains her independent right to seek monetary relief in accordance with law. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/a6b15a5b577bf0a92cc5ae7a ‎<This message was edited>

Auction Sale under the SARFAESI Act: A non-statutory earnest money deposit condition incorporated in an auction notice merely to filter out non-serious bidders is not an essential eligibility requirement. An auction sale cannot be set aside solely for non-compliance with such a condition. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/0ce013e722b0062e41ae34a0

Criminal Law. Where an FIR is ante-timed or prepared after the police reach the scene and commence investigation, following deliberation or consultation, it loses its evidentiary value and is treated as a statement made during investigation, attracting the bar under Section 162 CrPC. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/3d3220d2ab9602ad3f232399

2026 Daksha Legal SC 443. A plaint in a partition suit cannot be rejected under Order VII Rule 11 CPC for non-payment of Ad Valorem court fee when the question of joint possession and the applicable court fee depend upon disputed facts requiring evidence. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/f2a5316c9e805977aead1913

A Legal Services Authority or Committee organizing a Lok Adalat acts merely as a referring body for pre-litigation disputes and cannot usurp the functions of a Lok Adalat by itself taking cognizance of or passing awards in such matters. Such an award is null, void, and liable to be quashed under Articles 226 and 227 of the Constitution. Karnataka High Court. https://www.dakshalegal.com/judgements/actionRead/d7c50d139f43998856ab6b1e

2026 Daksha Legal SC 426. Suit for declaration of ownership. Limitation begins when the right to sue accrues and cannot be reckoned merely from the date of an adverse revenue entry. Supreme Court. https://www.dakshalegal.com/judgements/actionRead/c76bdbb6f525e3571efcb452