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  Enemy and Evacuee properties. Action of the authorities passing orders under repealed enactments to usurp property of the citizens is highly reckless. The authorities must verify enactments before initiating proceedings. Karnataka High Court. 26:5:2021

  • 26-May-2021
  • Daksha Legal
• 

  Negotiable Instruments Act. Alteration of cheque date. If alteration is made when cheque is issued or made later with privity of parties and in the absence of any fraud, the cheque is valid and enforceable. Karnataka High Court.

  • 07-February-2023
  • Daksha Legal
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  Default bail under the Unlawful Activities Prevention Act. Order extending time to complete investigation without notifying or producing the accused is bad in law. Accused are entitled to default bail in such eventuality. Karnataka High Court. 10:6:2021

  • 10-June-2021
  • Daksha Legal
• 

  Election Law. Fraud in preparation of voters list vitiates entire election process. High Court can examine such election process in a Writ Petition even after the election is over. Karnataka High Court. 7 June 2021

  • 07-June-2021
  • Daksha Legal
• 

  Preventive detention. Though writ petition challenging detention order even before the actual arrest is maintainable, interim stay of such order and grant of bail to accused is unsafe and hazardous. Karnataka High Court. 4 June 2021

  • 04-June-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code, 2016. Demand for customs duty which is not part of resolution plan approved by the adjudicating authority stands extinguished permanently. Karnataka High Court. 27 May 2021

  • 27-May-2021
  • Daksha Legal
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  Customs Act, 1962. Notification enhancing custom duty would NOT become enforceable if it is simply issued and sent for publication. It is enforceable only when such a notification is published and also offered for sale. Karnataka High Court. 27 May 2021

  • 27-May-2021
  • Daksha Legal
• 

  Inquiry against Amazon and Flipcart under the Competition Act, 2002. Order under Section 26-1 of the Act is purely 'administrative direction' and issuance of notice to any party at this stage is NOT required. Karnataka High Court. 11 June 2021

  • 11-June-2021
  • Daksha Legal
• 

  Social security to a daily wage employee cannot be reduced to a 'rope of sand'. Daily wage employees are also entitled to dearness allowance at 100 percent and earned leave. Karnataka High Court. 26 May 2021

  • 26-May-2021
  • Daksha Legal
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  Bar on civil court jurisdiction under National Green Tribunal Act and Environment Protection Act does NOT apply to suit for damages alleging private nuisance and pollution. Karnataka High Court. 19 April 2021

  • 19-April-2021
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does NOT apply to absolute transfer of property for consideration without recital to take care of the transferor. Karnataka High Court.

  • 01-June-2021
  • Daksha Legal
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  'Actionable Claim' - Defined and discussed. Karnataka High Court. 2 June 2021

  • 02-June-2021
  • Daksha Legal