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  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
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  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
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  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
• 

  Arbitration and Conciliation Act, 1996. Section 31(7)(b) does not bar discretion of the arbitrator to grant post-award interest which discretion shall be exercised reasonably and in good faith, taking into account all relevant circumstances. Supreme Court

  • 05-September-2022
  • Daksha Legal
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  Constructive resjudicata under Order II Rule 2 CPC does not apply to amendment of pleadings in a pending suit. Supreme Court.

  • 05-September-2022
  • Daksha Legal
• 

  Compensation towards drawing high-tension electricity lines. Karnataka High Court approves fixation of 50% of the land value as compensation.

  • 05-September-2022
  • Daksha Legal
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  Merely because a law operates on certain circumstances which are antecedent to its passing does not mean that it is retrospective. Supreme Court discusses about 'retrospective' and 'retroactive' laws.

  • 02-September-2022
  • Daksha Legal