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  Recovery of Debts due to Banks and Financial Institutions Act, 1993. Section 5 of the Limitation Act is NOT applicable to appeal against order of Recovery Officer under Section 30 of the Act. Supreme Court

  • 24-November-2021
  • Daksha Legal
• 

  ''Forcing a woman to bear with an unwanted intrusion on her body and endure the consequences is a violation of personal liberty guaranteed under Article 21''. Karnataka High Court permits medical termination of pregnancy caused by rape on minor girl.

  • 24-November-2021
  • Daksha Legal
• 

  Except correcting arithmetical or clerical errors, arbitrator has no power to modify the award under Section 33 of the Arbitration and Conciliation Act. Supreme Court.

  • 23-November-2021
  • Daksha Legal
• 

  Transfer of Property Act. Sham transactions. Sale of property in favour of minor with no earning or income proof is void being executed without any consideration. Supreme Court.

  • 23-November-2021
  • Daksha Legal
• 

  ''A scheme can be held bad only within the contours of the Constitution irrespective of the intent with which the scheme was introduced''. Supreme Court while upholding TN loan waiver only to small and marginal farmers.

  • 23-November-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code. Residuary jurisdiction of the NCLT cannot be invoked to adjudicate upon the contractual dispute between the parties unrelated to the insolvency of the Corporate Debtor. Supreme Court.

  • 23-November-2021
  • Daksha Legal
• 

  Dishonour of cheque on the ground that the ''signatures do not match'' or that the ''image is not found'' would constitute a dishonour within the meaning of Section 138 of N.I.Act when the cheque amount is not paid despite notice. Supreme Court.

  • 21-November-2021
  • Daksha Legal
• 

  Complaint under Section 138 of the Negotiable Instruments Act without signature of the complainant is maintainable provided the complaint is verified before the Magistrate. Supreme Court

  • 21-November-2021
  • Daksha Legal
• 

  ''Irrational apprehension of bias against the Hon'ble Judge''. Karnataka High Court rejects application seeking change of arbitrator, retired Supreme Court Judge, who as lawyer appeared against the company 25 years ago.

  • 20-November-2021
  • Daksha Legal
• 

  Section 14 of the Limitation Act would apply even in case where the Forum which had been approached by the plaintiff had jurisdiction but did not deem fit to exercise jurisdiction. Karnataka High Court

  • 19-November-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Dismissal of earlier arbitration proceedings is NOT a bar to initiate fresh arbitration proceedings under the same clause if the claims and disputes are different. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Kumki rights are NOT pre-existing rights and they can be curtailed, abridged or taken away by the competent authority in a given case having regard to the facts and circumstances of the case. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal