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  Committees under Article 194(3) of the Constitution are not vested with adjudicatory jurisdiction which belongs to judicature under the constitutional scheme. Karnataka High Court.

  • 10-January-2023
  • Daksha Legal
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  Recovery proceedings/ recoveries under the MSMED Act do not prevail over the recoveries made / recovery proceedings under provisions of the SARFAESI Act. Supreme Court.

  • 07-January-2023
  • Daksha Legal
• 

  SARFAESI Act.50% deposit in appeal under Section 18 includes interest also. Further, when borrower challenges auction, he cannot claim adjustment of the amount realised by sale of the secured properties and deposited by the auction purchaser.Supreme Court

  • 09-January-2023
  • Daksha Legal
• 

  When the proceedings in the predicate offence under the Indian Penal Code are stayed, proceedings of attachment under the Prevention of Money Laundering Act cannot continue. Karnataka High Court.

  • 10-January-2023
  • Daksha Legal
• 

  Karnataka Local Authorities (Prohibition of Defection) Act. Karnataka High Court issues guidelines regulating service of whip.

  • 07-January-2023
  • Daksha Legal
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  Government has no power to prescribe fee structure in private unaided Schools. Karnataka High Court strikes down offending provisions of the Karnataka Education Act as unconstitutional.

  • 05-January-2023
  • Daksha Legal
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  Demonetization. The Govt notification does not suffer from any flaws in the decision-making process and satisfies the proportionality test. Supreme Court.

  • 09-January-2023
  • Daksha Legal
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  Real Estate (Regulation and Development) Act does not apply to completed projects or to which completion certificate is issued and hence the Authority has no power to deal with complaints in respect of such projects. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal
• 

  In computing limitation period to an application under Section 9, IBC the suspension period under Section 22 (1) of the Sick Industrial Companies (Special Provisions Act, 1985) has be excluded. Supreme Court.

  • 06-January-2023
  • Daksha Legal
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  SEBI is the real-time security market regulator. Scrutiny and examination of a transaction allegedly in violation of the SEBI (PIT) Regulations will have to be agitated only before the SEBI. Supreme Court.

  • 09-January-2023
  • Daksha Legal
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  Order XXIII Rule 1(3)(b) of CPC applies even to writ proceedings. Withdrawal of writ petition with liberty to file fresh petition on the same cause of action does not act as resjudicata. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal
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  Anti Defection Law. In the absence of any steps taken to serve whip in the manner known to law i.e., RPAD and courier or by personal service, mere affixture of the whip on the door is not sufficient. Karnataka High Court.

  • 06-January-2023
  • Daksha Legal