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  Doctrine of frustration of contract and of restoration under Section 56 of the Indian Contract Act. If the party claiming restitution was equally or more responsible for the illegality, he cannot seek restitution. Supreme Court.

  • 03-March-2022
  • Daksha Legal
• 

  Tender. Highest bidder has no vested right to have the auction concluded in his favour. The judicial review is limited to examine arbitrary or unreasonable decision by the competent authority. Supreme Court.

  • 02-March-2022
  • Daksha Legal
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  Foreign nationals, having Overseas Citizens of India card who are treated on par with Non-Resident Indians, can seek annulment of their marriage before the family courts in India. Karnataka High Court.

  • 02-March-2022
  • Daksha Legal
• 

  Grant of interim compensation under Section 143-A of the Negotiable Instruments Act is NOT mandatory. Court must apply its mind and record reasons to grant interim compensation. Karnataka High Court.

  • 01-March-2022
  • Daksha Legal
• 

  Maintenance awarded under the Domestic Violence Act can NOT be enhanced under Section 127 of the Criminal Procedure Code. Karnataka High Court.

  • 01-March-2022
  • Daksha Legal
• 

  ''State or instrumentality of State cannot exploit labour of helpless employees for decades and then refuse to regularise their services quoting financial burden''. Karnataka High Court orders regularisation of Bangalore University employees.

  • 28-February-2022
  • Daksha Legal
• 

  Corruption is a cancer eating social and economic health of the society. When a true complainant takes recourse to legal battle, his testimony can't be disbelieved on flimsy reasons. Karnataka High Court.

  • 28-February-2022
  • Daksha Legal
• 

  Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. Karnataka High Court.

  • 28-February-2022
  • Daksha Legal
• 

  Writ for specific performance of contract/work order cannot be issued in a writ petition under Article 226 of the Constitution of India when there are disputed questions of fact. Supreme Court.

  • 28-February-2022
  • Daksha Legal
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  Public Interest Litigation initiated under the shadow of reasonable suspicion - Court may decline to entertain claims on merits or appoint an amicus curiae if the cause espoused requires immediate attention of the Court. Supreme Court.

  • 28-February-2022
  • Daksha Legal
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  SARFAESI Act. Magistrate can appoint an advocate and authorise him to take possession of the secured assets and documents and to forward the same to the secured creditor. Supreme Court.

  • 26-February-2022
  • Daksha Legal
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  Suit based on adverse possession. A plea of acquisition of title by adverse possession can be claimed even by a plaintiff as sword under Article 65 of the Limitation Act. Karnataka High Court.

  • 24-February-2022
  • Daksha Legal