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  Arbitration and Conciliation Act, 1996. Section 11. Whether an agreement with arbitration clause is novated or not cannot be decided in exercise of limited jurisdiction. Issue shall be referred to arbitrator. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Companies Act, 1956. Admission of winding up petition. It is not necessary while admitting the petition to establish that the entire claim is undisputed. Interest on delayed payment is a also a claim. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
• 

  Cr.P.C. Section 200. Magistrate can not refer complaint for investigation to Police under Section 156, after taking cognizance of the offence. After taking cognizance, he can not revert back. Karnataka High Court. 24 March 2021

  • 24-March-2021
  • Daksha Legal
• 

  Town Planning. Illegal and unauthorized constructions not only violate the municipal laws and concept of land development of particular area but also affect fundamental and constitutional rights of other persons. Karnataka High Court. 16 March 2021

  • 16-March-2021
  • Daksha Legal
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  A murderer kills one or two persons. Those who deal in narcotic drugs are causing death or inflicting death blow to number of innocent vulnerable young victims which is a deadly impact on the society. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Narcotic Drugs and Psychotropic Substances Act, 1985. Poverty not a reason to award lesser punishment. Public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Hindu Law. Alienation by karta of a joint Hindu family. For the benefit of the joint Hindu Family, a Karta can surrender tenancy rights of tenanted premises used for family business. Supreme Court. 5 April 2021

  • 05-April-2021
  • Daksha Legal
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  Companies Act, 1956. Section 538. Official Liquidator can NOT launch criminal prosecution without obtaining sanction of the Company Court-Tribunal. Karnataka High Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal
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  Karnataka Municipalities Act. No confidence motion against President and Vice President. Ten days notice is only directory and NOT mandatory. Karnataka High Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Judgment of acquittal of co-accused in a criminal trial is NOT admissible under Sections 40 to 43 of the Evidence Act to bar subsequent trial of absconding co-accused. Proceedings can not be quashed on this ground. Kar HC. 24:3:2021

  • 24-March-2021
  • Daksha Legal
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  PML Act. Objective satisfaction of the Investigating-arresting officer about guilt of an offence under the Act is mandatory. The same is required to be reduced in writing prior to arrest, to be furnished to arrestee at the time of arrest. Kar HC. 16:3:21

  • 16-March-2021
  • Daksha Legal
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  Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. Karnataka High Court.

  • 20-January-2023
  • Daksha Legal