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  An ambiguous term in an insurance contract is to be construed harmoniously and if no clarity emerges, the term must be interpreted in favour of the insured and against the insurer. Supreme Court.

  • 30-April-2022
  • Daksha Legal
• 

  Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.

  • 27-April-2022
  • Daksha Legal
• 

  Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. Summary rejection of declaration without affording any opportunity of hearing to the declarant would be in violation of the principles of natural justice. Madras High Court.

  • 28-April-2022
  • Daksha Legal
• 

  Anganwadi workers and helpers appointed under the Integrated Child Development Scheme are entitled to gratuity under the Payment of Gratuity Act, 1972. Supreme Court.

  • 28-April-2022
  • Daksha Legal
• 

  Labour law. When model standing orders are amended to enhance retirement age, trade unions can seek modification of the certified standing orders to bring them in conformity with the model standing orders. Karnataka High Court.

  • 29-April-2022
  • Daksha Legal
• 

  Criminal Procedure Code. Attachment order under Section 146 can not be passed on a mere apprehension of breach of peace. Chhattisgarh High Court.

  • 29-April-2022
  • Daksha Legal
• 

  Administrative Law. Note sheets and inter-department communications cannot be treated as the decisions of the Government or the competent authority. Rajastan High Court.

  • 27-April-2022
  • Daksha Legal
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  Remittance of sentence. While court can review decision of government to determine whether it was arbitrary, it cannot usurp power of government and grant remission itself. Supreme Court.

  • 27-April-2022
  • Daksha Legal
• 

  Claim to back wages. Employee has an obligation to plead that he was not gainfully employed after the date of dismissal. Only thereafter burden shifts on the employer to prove the contrary. Supreme Court.

  • 26-April-2022
  • Daksha Legal
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  Allotment of land by Govt. Mere deposit of entire amount unilaterally by a party in the absence of any allotment letter would not create any right to claim allotment in its favour. Rajastan High Court.

  • 26-April-2022
  • Daksha Legal
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  Lodging of accounts of electoral expenditure is aimed at transparency, purity and accountability. Disqualification due to failure cannot be avoided on flimsy grounds. Karnataka High Court.

  • 22-April-2022
  • Daksha Legal
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  Arbitration. Party has a right to file counter claim independent of any liberty granted by the arbitral tribunal. Delhi High Court.

  • 26-April-2022
  • Daksha Legal