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  Labour Court awarding partial backwages for proven unauthorised absence of workman for a long period runs contrary to the principle of ‘no work, no pay’ and cannot be justified under Section 11-A of the I D Act. Karnataka High Court.

  • 17-March-2023
  • Daksha Legal
• 

  Dissolution of Company under the IBC will not exonerate liability of directors under Section 138 of the NI Act when proceedings under the NI Act had already commenced with the Magistrate taking cognizance. Supreme Court.

  • 17-March-2023
  • Daksha Legal
• 

  Second marriage solemnised before coming into force of the Hindu Marriage Act, 1955 is valid. Children born from such marriage are legitimate children for the purpose of succession. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  Suit for partition by daughters based on the amended Section 6 of the Hindu Succession Act. Properties sold prior to 20 December 2004 are not available for partition. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  RTE Act. Government has no power to conduct examinations of its own other than the regular examinations conducted by the schools. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  Once rural area is urbanized by a notification under the Delhi Municipal Corporation Act, 1957, the provisions of the Delhi Land Reforms Act, 1954 cease to apply. Supreme Court.

  • 16-March-2023
  • Daksha Legal
• 

  Order IX Rule 9. Dismissal of suit for default barring fresh suit. The bar will not apply when alternate prayers are made in the subsequent suit which were not made earlier. Supreme Court.

  • 16-March-2023
  • Daksha Legal
• 

  Forcible takeover of land for road widening simply because other landowners voluntarily surrendered their lands is impermissible. Karnataka High Court restrains Govt from interfering with landowners properties except in accordance with law.

  • 15-March-2023
  • Daksha Legal
• 

  Criminal law. When court directs life sentence to start first, the term sentence would run concurrently with the life sentence. Karnataka High Court.

  • 15-March-2023
  • Daksha Legal
• 

  POCSO Act. Though victim shall not be called frequently for cross examination, fair trial being a fundamental right, the court shall not deny sufficient opportunity to the accused. Karnataka High Court.

  • 15-March-2023
  • Daksha Legal
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  Arbitration award can be set aside partially under Section 34 of the A & C Act applying the principle of severability. Delhi High Court.

  • 15-March-2023
  • Daksha Legal
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  Suit filed by Bank for recovery of loan amount due from its debtor is not barred under Section 34 of the SARFAESI Act. Karnataka High Court.

  • 15-March-2023
  • Daksha Legal