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  Arbitration and Conciliation Act, 1996. Erroneous part of an award can be separated under proviso to section 34(2) instead of ordering fresh arbitration. Karnataka High Court. 30 March 2021

  • 30-March-2021
  • Daksha Legal
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  Mareva Injunction. Court can grant mareva injunction where recovery of amounts outstanding is a long drawn process and transfer of assets by defendant defeats the claim of the plaintiff. Karnataka High Court. 17 April 2021

  • 17-April-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. Cr.P.C. Section 202. Inquiry by Magistrate before issuance of summons to accused residing outside jurisdiction of court. Even evidence of complainant witnesses can be taken by affidavit. Supreme Court. 16:4:2021

  • 16-April-2021
  • Daksha Legal
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  Negotiable Instruments Act. Service of summons in one complaint forming part of a transaction shall be deemed service in respect of all cheques/complaints before same court relating the said transaction. Supreme Court. 16 April 2021

  • 16-April-2021
  • Daksha Legal
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  Right to property is not only constitutional or statutory right but also a human right. State cannot usurp or encroach property of a citizen without paying compensation. Supreme Court. 2 November 2012

  • 02-November-2012
  • Daksha Legal
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  Bangalore Development Authority Act, 1976. Section 38-B. Karnataka High Court declares bulk allotment of acquired land by BDA in favour of BDA Employees' Welfare Association as illegal. Dismisses PIL for non-joinder of allottes of the sites. 15 April 2021

  • 15-April-2021
  • Daksha Legal
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  Limitation Act. Section 18. Entries in balance sheets would amount to acknowledgment of debt for the purpose of extending limitation. Supreme Court. 15 April 2021

  • 15-April-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code, 2016. Section 18 of the Limitation Act regarding effect of acknowledgement in writing applies to proceedings under the IB Code. Supreme Court. 15 April 2021

  • 15-April-2021
  • Daksha Legal
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  Supreme Court severely deprecates practice of High Courts granting interim orders like “no coercive steps against accused” or “do not arrest accused” while dealing with writ petitions or petitions under Section 482 Cr.P.C. Lays down guidelines. 13:4:2021

  • 13-April-2021
  • Daksha Legal
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  Cr.P.C. Section 239. At the stage of considering discharge, law does not permit a mini trial. Test is if there is a ground to presume that offence has been committed and not whether a ground for conviction has been made out. Supreme Court. 13 April 2021

  • 13-April-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code, 2016. Even statutory dues to the Central Govt, State Govt and local authority, which are not part of resolution plan get extinguished. Supreme Court 13 April 2021

  • 13-April-2021
  • Daksha Legal
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  Cr.P.C. Section 482. If criminal colour is given to a civil dispute, Court can invoke Section 482. Merely because there is a civil dispute between parties, criminal prosecution cannot be quashed, if criminality is found in complaint. Kar HC. 9:4:2021

  • 09-April-2021
  • Daksha Legal