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  Arbitration and Conciliation Act. Section 11. In rare and exceptional cases where the claims are ex facie time barred and it is manifest that there is no subsisting dispute the Court may refuse to make the reference. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Period of limitation to apply under Section 11 is three years as per Article 137 of Schedule I Limitation Act 1963. Limitation runs from the date when there is failure to appoint arbitrator. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Where complaint makes serious allegations of crime - plea of civil dispute or arbitral proceedings can only be defence during trial and cannot be examined for quashing the criminal proceedings. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Constitution of India. Article 226. By an interim order even the final relief ordinarily should not be granted. Supreme Court reiterates. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  I.B.Code 2016. Appeal to NCLAT from orders of Adjudicating Authority. Though Section 14 of the Limitation Act would not strictly apply to proceedings before quasi-­judicial Tribunal the underlying principles would apply. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Criminal Procedure Code. Power under Section 311 to summon material witness or examine person present can be invoked by the court suo motu and even at a stage when the case is posted for judgment. Karnataka High Court.

  • 16-January-2023
  • Daksha Legal
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  Cr.P.C. Section 200. Recording of sworn statement before taking cognizance is mandatory in cases other than complaints under Section 138 read with Section 145 Negotiable Instruments Act. Karnataka High Court. 15 February 2021

  • 15-February-2021
  • Daksha Legal
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  Hindu Succession Act. Amended Section 6. Plea of prior partition. Mere partition decree will not sever joint family status. Until final decree is passed and allottees of shares are put in possession - there is no partition. Karnataka High Court. 16:2:2021

  • 16-February-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code. Section 60. Arising out of and in relation to. Section cannot be invoked where termination of contract is on grounds unrelated to insolvency of corporate debtor and on ipso facto clause. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Statement under Section 313 Cr.P.C is not a substantive evidence. The accused who did not adduce any evidence to rebut the presumption cannot rely on the said statement. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. Test to prove prosecution case and burden on accused to rebut presumption is preponderance of probabilities and not beyond reasonable doubt. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal
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  Customs Act 1962. Where one officer exercises power of assessment power of re-assessment must also be exercised by him or his successor and not by another officer of another department though he is of same rank. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal