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  Doctrine of delay and laches does not apply to cases of continuing cause of action like claiming arrears of salary since cause of action arises every month when salary is paid on wrong computation. Supreme Court.

  • 21-May-2022
  • Daksha Legal
• 

  Sections 14 and 22 of the National Green Tribunal Act does not oust the High Court’s jurisdiction under Article 226 & 227 as the same is a part of the basic structure of the Constitution. Supreme Court.

  • 21-May-2022
  • Daksha Legal
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  When a composite suit is filed for cancellation of sale deed and recovery of possession, limitation period is to be considered with respect to the substantive relief of cancellation of the sale deed, which would be three years. Supreme Court.

  • 22-May-2022
  • Daksha Legal
• 

  When a person denies execution of a document and registration is refused by the Sub-Registrar on that ground, the said order is not appealable under Section 72 of the Registration Act. Supreme Court.

  • 19-May-2022
  • Daksha Legal
• 

  Mere admission of signature on a document does not amount to execution of the document. Where a person admits his signature on a document but denies its execution, the Sub-Registrar should refuse registration. Supreme Court.

  • 19-May-2022
  • Daksha Legal
• 

  Award of Lok Adalat cannot be reversed or set aside in a writ petition without setting aside the facts recorded in such award as being fraudulent arrived at. Supreme Court.

  • 19-May-2022
  • Daksha Legal
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  Remission of sentence. Recommendation/advice of the State Cabinet is binding on the Governor and he cannot refer such recommendation to the President of India for approval. Supreme Court.

  • 19-May-2022
  • Daksha Legal
• 

  Sale under SARFAESI is complete only after full sale consideration is paid. If balance amount is paid/accepted after commencement of CIRP, the sale is hit by Section 14(1)(c) of the IBC. Supreme Court.

  • 18-May-2022
  • Daksha Legal
• 

  Daily waged employees working in the local bodies like Zilla Panchayats, on their regularization, are entitled for payment of gratuity from the date of their initial appointment. Karnataka High Court.

  • 18-May-2022
  • Daksha Legal
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  ''Arbitrary rowdy sheeting affects liberty, privacy and reputation of citizens.'' Karnataka High Court issues exhaustive guidelines.

  • 18-May-2022
  • Daksha Legal
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  Bar under Section 132 of the Karnataka Land Reforms Act does not apply to a suit where the very jurisdiction of the Land Tribunal to grant occupancy rights is questioned. Karnataka High Court.

  • 18-May-2022
  • Daksha Legal
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  IBC. Section 5(2)(d). Obligation to pay rent and premium in respect of a self-financed project on leased plot can’t be treated as an ‘amount raised’ by the lessee from the lessor. Lessor cannot be treated as a ‘financial lessor’. Supreme Court.

  • 17-May-2022
  • Daksha Legal