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  Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.

  • 02-February-2023
  • Daksha Legal
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  Tenancy. Agreement of tenancy can be written or oral. Even in case of oral tenancy the Court has to look into the circumstances intention of the parties their conduct before and after the creation of relationship. Supreme Court. 5 March 2021.

  • 05-March-2021
  • Daksha Legal
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  Vertical and horizontal reservation. Reiteration - Principle that candidates from reserved class who compete for non reserved quota on merit will not be counted against reserved quota does not apply for horizontal reservations. Supreme Court. 5 March 2021

  • 05-March-2021
  • Daksha Legal
• 

  A mere trespasser can NOT claim injunction against the owner nor can the court issue the same. Supreme Court. 22 July 1994 and 9 February 1996

  • 22-July-1994
  • Daksha Legal
• 

  Civil Procedure Code. Order 7 Rule 11. Plaint can NOT be rejected only against one of the defendants. Plaint can be rejected as a whole or not at all. Supreme Court 1 July 2019

  • 01-July-2019
  • Daksha Legal
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  Civil Procedure Code. Additional evidence in appeal can be taken in exceptional cases. Application can be considered only at the time of final hearing of the appeal. Case law discussed. Supreme Court. 17 July 2012

  • 17-December-2012
  • Daksha Legal
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  Indian citizen committing crime outside India can be dealt with as if he committed crime in India. Sanction under Section 188 Cr.P.C. is not a condition precedent. Supreme Court. 2 September 2011

  • 02-September-2011
  • Daksha Legal
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  Arbitration. Individual party to arbitration agreement a national of or habitually resident in any country other than India - Arbitration becomes an international commercial arbitration though business is done in India. Supreme Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  Service Law. Proportionality in punishment. Anyone can make mistakes. The consequences of mistakes should not be unduly harsh. Supreme Court. 4 March 2021.

  • 04-March-2021
  • Daksha Legal
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  Cr.P.C. Section 311. Power to summon material witness or examine person present. Power has to be exercised judiciously for strong and valid reasons with caution to meet the ends of justice. Supreme Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  Recruitment process. Where entire process is found to be flawed and seriously impinges upon legitimacy of examinations - its cancellation is justified though it causes hardship to few who are not involved in wrong doing. Supreme Court 3 March 2021

  • 03-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act 1996. Period of limitation for filing application under Section 34 commences from the date on which the party making the application has received a signed copy of the arbitral award. Supreme Court. 2 March 2021

  • 02-March-2021
  • Daksha Legal