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Judgements
Important judgments on Temporary Injunction delivered by the Supreme Court and various High Courts in 2020-2021.
26-May-2021
Daksha Legal
Civil Procedure Code. Guidelines for grant of mandatory injunction. The plaintiff must possess strong case for trial which is higher standard than a prima facie case that is normally required for a prohibitory injunction. Supreme Court. 13 February 1990
13-February-1990
Daksha Legal
Benami Transaction. Circumstances under which a transaction can be considered as a benami transaction - explained. Supreme Court. 14 February 2017
14-February-2017
Daksha Legal
Indian Evidence Act, 1872. Failure to cross examine a witness who produces a document in proof of his assertion of certain set of facts is an admission of the facts contained therein. Karnataka High Court. 20 May 2021
20-May-2021
Daksha Legal
Insolvency and Bankruptcy Code, 2016, Approval of a resolution plan does not ipso facto discharge a personal guarantor of a corporate debtor of her or his liabilities under the contract of guarantee. Supreme Court. 21 May 2021
21-May-2021
Daksha Legal
Specific Relief Act,1963. Purchaser subsequent to sale agreement. A tenant being in possession with an agreement of sale can repel the claim of purchaser who made no inquiry as to the nature of tenant's possession. Karnataka High Court. 20 May 2021
20-May-2021
Daksha Legal
Contract Act, 1872. Agreement of sale is valid even if it is signed only by the vendor provided it is delivered to the purchaser and accepted by the purchaser. The purchaser alone cannot sign the agreement of sale. Supreme Court. 17 December 2008.
17-December-2008
Daksha Legal
Contract Act, 1872. Agreement of sale signed only by the vendor and delivered to the purchaser and accepted by the purchaser is a valid contract. Same is enforceable by the purchaser in case of breach. Madras High Court. 19 April 2021
19-April-2021
Daksha Legal
Criminal Procedure Code. Section 167. If remand is absolutely illegal, lacks jurisdiction, passed in absolutely mechanical manner, writ for Habeus Corpus is maintainable. Supreme Court. 12 May 2021
12-May-2021
Daksha Legal
Income Tax Act, 1961. Section 80JJAA. Deduction in respect of employment of new workmen. Calendar year and not financial year is to be considered to compute completion of 300 days by the workmen. Karnataka High Court. 21 April 2021
21-April-2021
Daksha Legal
Industrial Disputes Act, 1947. Software engineers in a software industry are workmen within the meaning of Section 2-s so long as they do not discharge any supervisory role. Karnataka High Court. 21 April 2021
21-April-2021
Daksha Legal
Local bodies. Consequences of conversion of Town Municipal Area into a City Municipal Area and absorbion of Panchayat into newly constituted City Municipal Council explained. Karnataka High Court. 21 April 2021
21-April-2021
Daksha Legal
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