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Judgements
The likelihood of divergence of views by different High Courts cannot be a ground for transfer of pending cases to Supreme Court under Article 139A of the Constitution of India. Supreme Court.
12-July-2022
Daksha Legal
Non-binding arbitration agreement with an option to litigate further if the parties do not resolve the disputes pursuant to such non-binding arbitration cannot be termed an arbitration agreement. Karnataka High Court.
12-July-2022
Daksha Legal
Writ Petition challenging provisional seizure order under Section 37A of the Foreign Exchange Maintenance Act cannot be entertained since it is subject to confirmation of the Competent Authority. Karnataka High Court.
12-July-2022
Daksha Legal
''Every order or transaction pursuant to fraudulent act is void ab initio and the same cannot be allowed to stand''. Karnataka High Court, while ordering restoration of khata which was fraudulently changed.
12-July-2022
Daksha Legal
Person who claims compensation for illegal dispossession of land must prove his prior possession. Mere sale deed in his favour is not enough to claim compensation. Delhi High Court.
11-July-2022
Daksha Legal
Compensation for actual damages in a motor vehicle accident includes value of spare parts to be repaired. Kerala High Court
13-July-2022
Daksha Legal
Constitutional Courts can monitor criminal investigation, especially in crimes involving corruption, in order to prevent corruption in the society. Karnataka High Court.
09-July-2022
Daksha Legal
The power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons. Kerala High Court.
11-July-2022
Daksha Legal
Special Power of Attorney holder who is aware of the transaction can initiate proceedings under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
09-July-2022
Daksha Legal
Cheque bounce case. Taking sworn statement first then taking cognizance and issuing summons would not vitiate the proceedings. Karnataka High Court.
08-July-2022
Daksha Legal
Criminal Law. When the article from which 'chance fingerprint' was lifted is not produced, mere report of the fingerprint expert cannot be relied on. Karnataka High Court.
11-July-2022
Daksha Legal
Mere breach of a development agreement cannot be made use of by the prospective purchaser to set criminal law in motion alleging criminal breach of trust. Karnataka High Court.
11-July-2022
Daksha Legal
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