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  Payment of Gratuity Act 1972. Payment of gratuity would NOT depend upon an application being made by the employee. Employer is duty bound to dispense gratuity immediately after cessation of service of an employee. Karnataka High Court.

  • 03-February-2023
  • Daksha Legal
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  Industrial Disputes Act. Reference to Industrial Tribunal cannot be quashed merely on the ground of delay when factual antecedents disclose diligent prosecution seeking status of protected workman. Case law discussed. Karnataka High Court. 22 Feb 2021

  • 22-February-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Award rejecting claim if found to be illegal fresh award cannot be made by Court under Section 34. Only option is to set aside award and leave parties to resume Arbitration once again. Karnataka High Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Application under Section 9 is maintainable even after conclusion of arbitral proceedings and during Section 34 proceedings only in so far as the claim granted by the arbitrator. Karnataka High Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. There is NO requirement of sending notice under Certificate of Posting once the notice is sent by Registered Post Acknowledgment Due. Karnataka High Court. 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Environment. Declaring forest as non-forest under the Karnataka Forest Act without the prior approval of the Central Government is illegal. Take action against erring officials - Karnataka High Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  The law of limitation binds everybody including the Government. Merely because the government is involved, a different yardstick for condonation of delay cannot be laid down.-Supreme Court reiterates. 19 March 2021

  • 19-March-2021
  • Daksha Legal
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  "Deafness is a serious disability". Karnataka High Court comes to the rescue of the employee with 98% disability who was denied legal assistance in departmental enquiry. 26 February 2021

  • 26-February-2021
  • Daksha Legal
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  Service Law. Mental illness under Order 32 Rule 15 CPC includes physical defect like deafness. Such person must be given assistance of next friend in departmental enquiry. Karnataka High Court. 26 February 2021.

  • 26-February-2021
  • Daksha Legal
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  Limitation Act. Section 5- Sufficient Cause-explained. It is elastic enough to yield different results depending upon the object and context of a statute. Supreme Court. 19 March 2021

  • 19-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Delay beyond prescribed period in filing appeal under Section 37 can be condoned by way of exception. Supreme Court. 19 March 2021

  • 19-March-2021
  • Daksha Legal
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  Criminal Procedure Code. Section 94. Accused can NOT ask for production of station Daily Diary logbooks etc without justifiable reasons. Court cannot summon documents just for asking. Karnataka High Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal