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  ''Ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena''. Karnataka High Court, while setting aside summons issued to the Election Commissioner of India in election petition.

  • 11-August-2022
  • Daksha Legal
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  ‘Arresting Officer Must Ascertain Identity of the person’. Karnataka High Court orders Rs. 5 lakhs compensation to man wrongly arrested.

  • 03-August-2022
  • Daksha Legal
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  Cheque bounce case. Merely being a Director of the company is not sufficient to make him liable. Person sought to be made liable should be in charge of and responsible for the conduct of the business of the company. Supreme Court.

  • 03-August-2022
  • Daksha Legal
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  West Bengal Premises Tenancy Act. Municipal tax payable by tenant cannot be included within the expression ‘rent’ for the purpose of protection under the Act. Supreme Court.

  • 03-August-2022
  • Daksha Legal
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  Winding up proceedings can continue even after payment of principal amount if contractual, crystallized and admitted interest on the principal amount is not paid. Karnataka High Court.

  • 04-August-2022
  • Daksha Legal
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  Decree holder can decide in which of the several modes mentioned in Section 51 of the Civil Procedure Code, he will execute his decree. The judgment debtor cannot invoke the Section. Karnataka High Court.

  • 03-August-2022
  • Daksha Legal
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  To constitute offence under Section 3(1)(j) of the SC & ST (Prevention of Atrocities) Act, the accused must have employed the person for manual scavenging knowing fully well that he belongs to SC & ST community. Karnataka High Court.

  • 03-August-2022
  • Daksha Legal
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  Daksha Legal Monthly Digest - July 2022

  • 01-August-2022
  • Daksha Legal
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  Lapse of Scheme under the Bangalore Development Authority Act would invalidate designation of property as a civic amenity and all further actions taken in connection thereto. Karnataka High Court.

  • 01-August-2022
  • Daksha Legal
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  When there is no clause prescribing minimum quantity of electricity to be purchased by Govt Electricity Company under Power Purchase Agreement, licensee cannot be restrained from injecting power generator into the grid. Karnataka High Court.

  • 02-August-2022
  • Daksha Legal
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  Limitation Act has no application to claims under the Carriage by Air Act 1972. Period of two years for enforcing the right would be extinguished if no action is brought within the said period. Supreme Court.

  • 01-August-2022
  • Daksha Legal
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  SARFAESI Act. Whether action can be taken in relation to security interest created in an agricultural property can also be dealt with by the Debt Recovery Tribunal. Writ petition cannot be entertained on this ground alone. Karnataka High Court.

  • 02-August-2022
  • Daksha Legal