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  Arbitration and Conciliation Act, 1996. Award of interest. Blank portion left by the contractor in appendix to bid cannot be construed as zero or nil interest claim when the contract provides for payment of interest. Supreme Court. 22 April 2021

  • 22-April-2021
  • Daksha Legal
• 

  Land Acquisition Act 1894. Land acquired and vested with the Government can NOT be withdrawn. Unless there is material to rebut statutory presumption, notification under Section 16(2) is evidence of taking possession. Karnataka High Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
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  Negotiable Instruments Act,1881. Section 138. When there is delay in filing complaint and application under Section 142B is filed, magistrate can NOT straightaway take cognizance without issuing notice on the application. Karnataka High Court. 31:3:2021

  • 31-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Two Indian companies can choose a forum for arbitration outside India. An arbitral award arising from such an arbitration would be a foreign award. Supreme Court. 20 April 2021

  • 20-April-2021
  • Daksha Legal
• 

  Principles of Natural Justice. In the absence of any legal right, the principles do not apply. Authority passing resolution in favour of a person without any statutory backing can withdraw it without prior notice. Karnataka High Court. 7 April 2021

  • 07-April-2021
  • Daksha Legal
• 

  Motor Vehicles Act, 1988. Section 147. Person travelling on mud-guard of a tractor is NOT an authorized passenger. Persons working on ploughing/crushing machines attached to tractor are NOT employees. Karnataka High Court. (Full Bench). 20 April 2021

  • 20-April-2021
  • Daksha Legal
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  Karnataka High Court Act, 1961. Regular First Appeals filed before the 2007 amendment, whose value is less than Rs.15 lakhs, have to be heard by the Division Bench. Amendment applies only to appeals filed after 28 August 2007. Kar HC 9:4:2021

  • 09-April-2021
  • Daksha Legal
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  Joint ownership. Possession of joint property by one co-owner is possession of all. A co-owner is not entitled to an injunction restraining another co-owner from exercising his rights in the common property. Himachal Pradesh High Court.

  • 03-February-2023
  • Daksha Legal
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  Saving Great Indian Bustard and Lesser Florican birds from extinction-Supreme Court suggests high-voltage overhead power lines to be laid underground and installation of devertors. 19 April 2021

  • 19-April-2021
  • Daksha Legal
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  Service Law. Exploitation of human labour at the hands of the State can never be countenanced. Karnataka High Court orders regularisation and payment of terminal benefits to a woman employee who worked for 25 years on temporary basis. 8:3:2021

  • 08-April-2021
  • Daksha Legal
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  Prevention of Corruption Act. Section 17A. Formation of opinion by statutory authority while granting prior permission should reflect application of mind with reference to material available on record to avoid malicious prosecution. Kar HC. 26:3:2021

  • 26-March-2021
  • Daksha Legal
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  Cr.P.C. Sections 82 and 83. Proclamation of an accused to be an absconder is mandatory for the purpose of attachment of the properties of such absconding person. Karnataka High Court.

  • 06-February-2023
  • Daksha Legal