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  Member of Indian Legal Service cannot be appointed as judicial member. Madras High Court strikes down Section 32(2) of the Benami Transaction Act, 1988.

  • 07-April-2022
  • Daksha Legal
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  Writ. Mere representations to the authority cannot justify a belated approach. Court may refuse to invoke extraordinary power if there was negligence/omission on the part of the applicant to assert his right within a reasonable time. Allahabad High Court.

  • 07-April-2022
  • Daksha Legal
• 

  Amendment in the pleadings by way of adding mutually destructive inconsistent/contradictory pleas/reliefs/claims, is not permissible. Punjab High Court.

  • 04-April-2022
  • Daksha Legal
• 

  Impounding of entire sale agreement in a suit for specific performance for non payment of stamp duty is mandatory even though the suit is confined only one of several properties. Karnataka High Court.

  • 04-April-2022
  • Daksha Legal
• 

  When challenge to arbitrator u/s 13 of A & C Act fails, the only recourse is Section 34 after the award is passed. No separate challenge u/s 14 permissible. Delhi High Court.

  • 05-April-2022
  • Daksha Legal
• 

  Ordinarily a Power of Attorney is to be construed strictly by the Court. Agent can NOT sell property without THE express authorisation under the GPA. Supreme Court.

  • 05-April-2022
  • Daksha Legal
• 

  Distinction between 'Charge' and 'Attachment'. Charge is a right to receive a certain sum of money whereas attachment merely prevents and avoids private alienations of the attached property. Gujarat High Court.

  • 03-April-2022
  • Daksha Legal
• 

  High Court can modify bail conditions in exercise of inherent Jurisdiction under Section 482 Cr.P.C. Madhya Pradesh High Court.

  • 04-April-2022
  • Daksha Legal
• 

  Daksha Legal Monthly Digest - March 2022

  • 02-April-2022
  • Daksha Legal
• 

  Person in illegal possession of land already acquired by Government cannot claim any right though his name is entered in the revenue records. Allahabad High Court.

  • 03-April-2022
  • Daksha Legal
• 

  Husband can claim maintenance from wife under Section 25 of the Hindu Marriage Act. Bombay High Court.

  • 01-April-2022
  • Daksha Legal
• 

  A society registered under the Societies Registration Act can sue and be sued only in terms of its bye­laws. Suit cannot be entertained without authorisation under the bye-laws. Supreme Court.

  • 03-April-2022
  • Daksha Legal