• 

  A resolution plan which does not meet the requirements of Section 30 (2) of IBC is invalid and not binding on the Central Government, State Government, statutory or other authority, creditor, financial creditor to whom a debt is owed. Supreme Court.

  • 08-September-2022
  • Daksha Legal
• 

  Damages payable by tenant to landlord based on the rate at which landlord could have let out the premises cannot be equated to the profit the tenant might have received with ordinary diligence. Supreme Court.

  • 08-September-2022
  • Daksha Legal
• 

  ‘’Fair trial includes fair investigation which is part of Article 20 and 21 of the Constitution of India.’’ Taking note of utter failure of the Police to deal with powerful accused, Karnataka High Court refers murder case to CBI for further investigation

  • 07-September-2022
  • Daksha Legal
• 

  Permission to demolish dilapidated building. Though issuance of notice to adjacent owner is not necessary, it is incumbent to notify when demolition poses threat. Karnataka High Court.

  • 08-September-2022
  • Daksha Legal
• 

  When disciplinary inquiry is found to be defective, the proper remedy is to set aside the order and allow enquiry to continue from the stage of defect. Supreme Court

  • 07-September-2022
  • Daksha Legal
• 

  ‘’Known sources of income’’ under Section 13(1)e) of the Prevention of Corruption Act, 1988 means the sources known to the prosecution and not the sources known to the accused and within the knowledge of the accused. Supreme Court.

  • 07-September-2022
  • Daksha Legal
• 

  Unless there is a 'true dispute' between the parties, arbitration clause in government contracts cannot be invoked on the basis of a 'make believe dispute' to withhold bills. Karnataka High Court.

  • 07-September-2022
  • Daksha Legal
• 

  Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. Karnataka High Court.

  • 06-September-2022
  • Daksha Legal
• 

  Right to property, though not a fundamental right, is still a constitutional right under Article 300A of the Constitution of India. A person can be deprived of the rights of the property only in a manner known to law. Supreme Court reiterates.

  • 06-September-2022
  • Daksha Legal
• 

  It is up to the legislature to determine the amount of discretion that is accorded to the relevant authorities under each statute. Courts should not unduly erode the powers vested in authorities to carry out their statutory duties. Supreme Court.

  • 06-September-2022
  • Daksha Legal
• 

  No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. Karnataka High Court.

  • 05-September-2022
  • Daksha Legal
• 

  Determining CET rankings of 2021-22 batch students by taking only CET marks is illegal. Karnataka High Court orders fresh ranking for admission to Engineering and Technology courses for the academic year 2022-23 by taking both PUC and CET marks.

  • 05-September-2022
  • Daksha Legal