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  Only those findings, without which the Court cannot adjudicate a dispute on an issue on merits constitute res judicata between the same set of parties in subsequent proceedings. Supreme Court.

  • 03-August-2023
  • Daksha Legal
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  Section 5 of the Limitation Act can be invoked in an appeal filed under Section 37 of the Arbitration and Conciliation Act. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
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  Prosecution cannot seek second stint of Police custody long after the accused remanded to judicial custody. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
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  Second wife is not entitled to retirement benefits of her deceased husband. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
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  ATM management services provided to banks cannot be saddled with Value Added Tax when Service Tax is already levied on them. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
• 

  Transfer of Property act. Unpaid vendor has a charge on the property for the amount of consideration which was not paid. However, the sale deed cannot be challenged on this ground. Supreme Court.

  • 02-August-2023
  • Daksha Legal
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  Private agreement/settlement between the parties cannot override the Standing Order under the Industrial Employment (Standing Orders) Act, 1946. Supreme Court.

  • 01-August-2023
  • Daksha Legal
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  Karnataka Public Premises (Eviction of unauthorised Occupants) Act is not a bar for a suit for permanent injunction against dispossession except in accordance with law. Karnataka High Court.

  • 01-August-2023
  • Daksha Legal
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  Blocking Input Tax Credit available in Electronic Credit Ledger under Rule 86A of the Central Goods and Services Tax Rules, 2017. Post-decisional or remedial hearing shall be granted to the person/assessee affected. Karnataka High Court.

  • 01-August-2023
  • Daksha Legal
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  Human teeth cannot be construed as dangerous weapon or means to attract Section 326 of the Indian Penal Code though it can attract Section 325 for voluntarily causing grievous hurt. Karnataka High Court.

  • 01-August-2023
  • Daksha Legal
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  Court cannot suspend license of medical practitioner to practice medicine under the Contempt of Courts Act. Supreme Court.

  • 03-August-2023
  • Daksha Legal
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  Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.

  • 01-August-2023
  • Daksha Legal