• 

  Interpretation of statutes. In the absence of express statutory authorization, delegated legislation in the form of rules or regulations, cannot operate retrospectively. Supreme Court reiterates.

  • 06-September-2021
  • Daksha Legal
• 

  Mediation. Failure to appear before Mediation Centre or Lok-adalat on reference of matter to mediation. Court can impose costs to compel attendance of parties before Mediator. Karnataka High Court.

  • 06-September-2021
  • Daksha Legal
• 

  Industrial Disputes Act, 1947. Section 17B. Workman is entitled to receive full wages during proceedings by employer 'if the workman had not been employed in any establishment' and an affidavit in that regard is filed by him. Karnataka High Court

  • 06-September-2021
  • Daksha Legal
• 

  Significant judgment of the Karnataka High Court. There is NO requirement of consent of either lawyers or the parties to refer disputes pending before the Courts for mediation. Detailed guidelines issued.

  • 18-August-2021
  • Daksha Legal
• 

  Karnataka SC-ST (PTCL) Act, 1978. Delay of 16 years from the date of sale in filing application for resumption and restoration of granted land. Karnataka High Court quashes the entire proceedings.

  • 03-September-2021
  • Daksha Legal
• 

  Civil Procedure Code. Where dispute is purely personal like challenging removal of trustee etc, without touching administration of the trust, Section 92 does NOT apply and obtaining leave is not necessary. Karnataka High Court.

  • 31-August-2021
  • Daksha Legal
• 

  Caste Certificate. There can not be repeated inquiries for verification of caste certificate. Re-opening can be only in case the certificates are vitiated by fraud or they they were issued without proper inquiry. Supreme Court.

  • 02-September-2021
  • Daksha Legal
• 

  Income Tax Act, 1961. Tax refund due and payable to an assessee is a debt owed by the Government and must carry interest as a matter of course, since it is a kind of recompense for the ‘unauthorized use or retention’ of money. Karnataka High Court.

  • 25-September-2021
  • Daksha Legal
• 

  Service Law. Minimum qualifications for appointments prescribed under the UGC guidelines are for the purpose of maintaining excellence in the higher standards of education. Universities have no power to relax them. Karnataka High Court.

  • 26-August-2021
  • Daksha Legal
• 

  Cancellation of bail granted by trail court. When there is prima facie strong materials placed on record to show that the accused have committed serious crime, power to cancel bail has to be exercised. Karnataka High Court.

  • 26-August-2021
  • Daksha Legal
• 

  Civil Procedure Code. Section 11. Resjudicata between co-defendants. Three principles governing the issue explained. Supreme Court.

  • 27-August-2021
  • Daksha Legal
• 

  Decree obtained by fraud is nullity and non-est in the eyes of law. Even a subordinate court can grant injunction against execution of such decree of higher court. Karnataka High Court.

  • 01-August-2021
  • Daksha Legal