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  Insolvency and Bankruptcy Code. Residuary jurisdiction of the NCLT cannot be invoked to adjudicate upon the contractual dispute between the parties unrelated to the insolvency of the Corporate Debtor. Supreme Court.

  • 23-November-2021
  • Daksha Legal
• 

  Dishonour of cheque on the ground that the ''signatures do not match'' or that the ''image is not found'' would constitute a dishonour within the meaning of Section 138 of N.I.Act when the cheque amount is not paid despite notice. Supreme Court.

  • 21-November-2021
  • Daksha Legal
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  Complaint under Section 138 of the Negotiable Instruments Act without signature of the complainant is maintainable provided the complaint is verified before the Magistrate. Supreme Court

  • 21-November-2021
  • Daksha Legal
• 

  ''Irrational apprehension of bias against the Hon'ble Judge''. Karnataka High Court rejects application seeking change of arbitrator, retired Supreme Court Judge, who as lawyer appeared against the company 25 years ago.

  • 20-November-2021
  • Daksha Legal
• 

  Section 14 of the Limitation Act would apply even in case where the Forum which had been approached by the plaintiff had jurisdiction but did not deem fit to exercise jurisdiction. Karnataka High Court

  • 19-November-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Dismissal of earlier arbitration proceedings is NOT a bar to initiate fresh arbitration proceedings under the same clause if the claims and disputes are different. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Kumki rights are NOT pre-existing rights and they can be curtailed, abridged or taken away by the competent authority in a given case having regard to the facts and circumstances of the case. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal
• 

  Rejection of a public interest litigation in limine without a substantive adjudication on merits will NOT operate as resjudicata for a subsequent petition. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Criminal Law. Claim of juvenility can be raised at any stage of a criminal proceeding, even after a final disposal of the case. Supreme Court analyses the principles.

  • 18-November-2021
  • Daksha Legal
• 

  POCSO Act. Important ingredient for constituting offence of sexual assault is the “sexual intent” and not the “skin to skin” contact with the child. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Only Indian courts and not foreign courts have jurisdiction to decide custody of a child brought to India especially when the parties married under the Hindu Marriage Act. Karnataka High Court.

  • 17-November-2021
  • Daksha Legal
• 

  Violation of rule of ''utmost good faith'' and deliberate non-disclosure or misstatement of facts is a ground to reject temporary injunction or to vacate the order already granted. Karnataka High Court.

  • 16-November-2021
  • Daksha Legal