• 

  Though right to be represented by a counsel or agent in domestic enquiry is not an absolute right, if the charge is of severe and complex nature, the request to be represented though a counsel or agent should be considered. Supreme Court.

  • 16-November-2021
  • Daksha Legal
• 

  A right not exercised for a long time is non-existent. Supreme Court explains distinction between 'doctrine acquiescence’ and ‘delay and laches’.

  • 16-November-2021
  • Daksha Legal
• 

  Where the Statute is otherwise silent, the resignation would take immediate effect without waiting for its acceptance and much less the communication of acceptance. Karnataka High Court

  • 16-November-2021
  • Daksha Legal
• 

  Statutory authority is required to act within reasonable time. Karnataka High Court quashes bill issued by the Water Board after sleeping over collection for 25 years.

  • 15-November-2021
  • Daksha Legal
• 

  Rape of a minor girl is a heinous crime against the Society. Criminal proceedings can NOT be quashed even if the alleged rapist married the victim and a joint petition is filed for quashing. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal
• 

  Criminal Law. If allegations of serious crimes against accused are traceable to civil disputes between parties and criminal proceeding is initiated only to settle due between parties, the same is liable to be quashed. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal
• 

  Indian Penal Code. Section 498A. In the tussle between husband and wife, other family members of the husband shall not be unnecessarily embroiled in criminal prosecution. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal
• 

  Merely having an explicit clause may not be sufficient to make time the essence of the contract. It has to be culled out from the reading of the entire contract as well as the surrounding circumstances. Supreme Court

  • 14-November-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Illegality of a trivial nature could not be held to violate the public policy to invalidate arbitration award under Section 34. Supreme Court.

  • 14-November-2021
  • Daksha Legal
• 

  Real Estate (Regulation and Development) Act, 2016. While refund can be claimed before the Regulatory Authority, adjudging compensation can be done only by the Adjudicating Officer. Supreme Court.

  • 12-November-2021
  • Daksha Legal
• 

  Real Estate (Regulation and Development) Act, 2016 is retroactive in operation covering all ''ongoing projects'' that commence prior to the Act and in respect to which completion certificate has not been issued. Supreme Court.

  • 12-November-2021
  • Daksha Legal
• 

  In a suit for bare injunction, the trial Court or First Appellate Court is NOT required to give a finding even indirectly touching on title by framing and answering issues relating thereto. Karnataka High Court.

  • 12-November-2021
  • Daksha Legal