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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
• 

  Arbitration and Conciliation Act. Proceedings under Section 34 cannot be initiated or proceeded against corporate debtor during moratorium period under Section 14 of the Insolvency and Bankruptcy Code. Supreme Court 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Income Tax Act. Amounts paid by resident Indian end users to non resident computer software manufacturers for computer software is not royalty for copyright in the software. Amount does not give rise to income taxable in India. Supreme Court 2 March 2021

  • 02-March-2021
  • Daksha Legal
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  Building Tax on Educational Institutions. Residential accommodations for nuns and hostels attached to institutions are also exempted. Supreme Court. 1 March 2021.

  • 01-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Proceedings under Sections 138 and 141 cannot be initiated against Corporate debtor during the moratorium period under Section 14 of the Insolvency and Bankruptcy Code. Supreme Court. 1 March 2021.

  • 01-March-2021
  • Daksha Legal
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  Cr.P.C. Section 210. Merely because on the same facts earlier the complaint is filed and is pending there is no bar to lodge the Police FIR with the same allegations unless the subsequent FIR is filed only to harass the accused. Supreme Court. 1:3:2021

  • 01-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Fraud. When the complaint does not disclose fraudulent or dishonest inducement which is an essential ingredient to constitute an offence under Section 420 IPC the proceedings are liable to be quashed. Supreme Court. 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Land Acquisition Act 1894. Section 4A read with Section 17. Unjustified invocation of urgency clause vitiates the acquisition process. Case Laws discussed. Supreme Court 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Compromise arrived at and duly recorded before Lok Adalat in the presence of the parties and their counsel cannot be challenged alleging lack of consent or free will. Karnataka High Court. 13 June 2019

  • 13-June-2019
  • Daksha Legal
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  Quashing of criminal proceedings. Corruption. Courts should be slow in exercising the power under Section 482 of Cr.P.C. especially where serious allegations of Corruption by public servants are made. Karnataka High Court. 26 Feb 2021

  • 26-February-2021
  • Daksha Legal
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  Quashing of criminal proceedings. Since power under Section 482 Cr.P.C. to be exercised in the rarest of rare cases- resort to Articles 226 and 227 of the Constitution is permissible only in the most extraordinary cases. Karnataka High Court. 26 Feb 2021

  • 26-February-2021
  • Daksha Legal