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  Service Law. Parity in service conditions can not be claimed based on a compromise order which is devoid of any legal basis. Supreme Court.

  • 07-February-2022
  • Daksha Legal
• 

  Reservation of Mayoral office in local bodies. High Court can interfere under Article 226 when constitutional right of the reserved candidates is infringed. Karnataka High Court.

  • 07-February-2022
  • Daksha Legal
• 

  Civil Procedure Code. A consent decree can NOT be modified or altered under Section 151 or Order 22 Rule 3 unless the mistake is a patent or obvious mistake. Supreme Court.

  • 04-February-2022
  • Daksha Legal
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  Planning authority cannot insist on surrendering property free of cost for road widening as a condition precedent for sanctioning building plans. Karnataka High Court.

  • 03-February-2022
  • Daksha Legal
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  Bonafide purchasers of attached property from an accused person involved in an offence cannot be charged with crime when no allegations of fraud or collusion are forthcoming. Supreme Court.

  • 03-February-2022
  • Daksha Legal
• 

  Award passed by the Lok Adalat under Section (20) of the 1987 Act cannot be the basis for re-determination of compensation under Section 28A of the Land Acquisition Act, 1894. Supreme Court.

  • 03-February-2022
  • Daksha Legal
• 

  Principle that a suit cannot be withdrawn after it is closed for judgment applies to proceedings before Tribunals. Supreme Court.

  • 02-February-2022
  • Daksha Legal
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  Punishment extending to three years makes the offence cognizable and hence offence under Section 63 of the Copyright Act is cognizable. Police can register FIR based on complaint. Karnataka High Court.

  • 02-February-2022
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. When contentions relating to non­arbitrability are plainly arguable, the Court must refer the matter for arbitration by default. Supreme Court.

  • 02-February-2022
  • Daksha Legal
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  Unregistered partnership firm can maintain a suit pertaining to a contract which is not entered in the course of its business and to enforce common law/statutory right of injunction and declaration. Supreme Court.

  • 01-February-2022
  • Daksha Legal
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  A Will giving limited estate as independent and new title in favour of females for the time time and not a recognition of pre-existing right does NOT create absolute right under Section 14 of Hindu Succession Act. Supreme Court.

  • 01-February-2022
  • Daksha Legal
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  Prevention of Corruption Act, 1988. No previous sanction necessary for prosecutions pending as on 26 July 2018 since amended Section 19 is prospective in operation. Karnataka High Court.

  • 01-February-2022
  • Daksha Legal