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Judgements
'Quasi judicial body soliciting disputes to be filed before it is a violation of every known canon of principles of natural justice.' Karnataka High Court quashes orders of Electricity Regulatory Commission on grounds of official bias.
20-September-2021
Daksha Legal
Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.
20-September-2021
Daksha Legal
Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.
20-September-2021
Daksha Legal
Civil Procedure Code. Rejection of plaint on the ground of delay based on constructive notice. A defendant cannot pick up few sentences here and there from the plaint and seek rejection of plaint. Supreme Court.
19-September-2021
Daksha Legal
Karnataka High Court Judgment on tuition fee concession to be given by educational institutions in the State of Karnataka.
17-September-2021
Daksha Legal
Quasi Judicial authorities like Revenue Officers cannot simply reserve matters for orders without intimating the parties. They must fix a date for pronouncement of orders and intimate parties in advance. Karnataka High Court.
16-September-2021
Daksha Legal
Extortion by Police Officer during Covid times. Karnataka High Court quashes Criminal cases on consideration of cases on merits.
15-September-2021
Daksha Legal
Commercial suits. Production of additional documents. Requirement to establish reasonable cause for non disclosure of documents along with the plaint does not apply if documents are found subsequent to filing of suit. Supreme Court.
15-September-2021
Daksha Legal
Demolition of property tenanted under Rent Act. Tenant cannot resort to Transfer of Property Act for re-possession. Remedy, if any, is under the Rent Act. Supreme Court.
15-September-2021
Daksha Legal
Arbitration and Conciliation Act, 1996. Bar under Section 9(3) against grant of interim measures by court does NOT apply if the application was already entertained before constitution of the arbitration Tribunal. Supreme Court.
14-September-2021
Daksha Legal
Insolvency and Bankruptcy Code, 2016. Section 61(2). Appellate Tribunal has NO jurisdiction to condone delay in filing appeal beyond statutory period of 45 days. Supreme Court.
14-September-2021
Daksha Legal
Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.
14-September-2021
Daksha Legal
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