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  Right of persons with mental disabilities against discrimination in the course of employment. Supreme Court analyses complex question of balancing competing interests.

  • 17-December-2021
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Deputy Commissioner cannot sit as Revenue Court and pass orders when there is no enquiry/revenue proceedings pending before him for adjudication. Karnataka High Court.

  • 17-December-2021
  • Daksha Legal
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  Land Acquisition. Withdrawal of acquisition proceedings can be cancelled by the Government thus restoring acquisition proceedings. Supreme Court.

  • 16-December-2021
  • Daksha Legal
• 

  ''Students were deprived of effective education during Covid pandemic. Promote them to next semester''. Karnataka High Court directs Karnataka State Law University.

  • 16-December-2021
  • Daksha Legal
• 

  Compassionate appointment. Where new scheme dilutes existing benefits, new scheme is applicable. Where new scheme grants larger benefits, old scheme is applicable. Supreme Court.

  • 16-December-2021
  • Daksha Legal
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  Limitation Act. Where there is gross negligence, lack of bonafides and/or want of due diligence, delay in filing appeal can not be condoned. Supreme Court.

  • 16-December-2021
  • Daksha Legal
• 

  Defence under Section 27 of the Contract Act (agreement in restraint of trade) is NOT available to a person who is not a party to the agreement. Karnataka High Court.

  • 16-December-2021
  • Daksha Legal
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  IBC. Adjudicating Authority cannot compel a party to the proceedings before it to settle a dispute. It can either admit or reject the application under Section 7. Supreme Court.

  • 15-December-2021
  • Daksha Legal
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  Writ of mandamus can NOT be issued by the High Court directing a financial institution/bank to positively grant the benefit of One Time Settlement to a borrower. Supreme Court.

  • 15-December-2021
  • Daksha Legal
• 

  Magistrate can NOT refer complaint alleging defamation to police for investigation. He must decide on the basis of sworn statement and witnesses. Karnataka High Court.

  • 14-December-2021
  • Daksha Legal
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  Delay in lodging complaint and registration of FIR. Charge-sheet filed by the officer of the CID who is not the officer in-charge of a police station. Karnataka High Court quashes entire criminal proceedings as illegal.

  • 14-December-2021
  • Daksha Legal
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  SC Judgment that Consumer Forum cannot condone delay of more than 45 days in filing version in consumer cases does NOT apply to cases pending as of March 4, 2020. Supreme Court.

  • 14-December-2021
  • Daksha Legal