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  Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
• 

  Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
• 

  Civil Procedure Code. Rejection of plaint on the ground of delay based on constructive notice. A defendant cannot pick up few sentences here and there from the plaint and seek rejection of plaint. Supreme Court.

  • 19-September-2021
  • Daksha Legal
• 

  Karnataka High Court Judgment on tuition fee concession to be given by educational institutions in the State of Karnataka.

  • 17-September-2021
  • Daksha Legal
• 

  Quasi Judicial authorities like Revenue Officers cannot simply reserve matters for orders without intimating the parties. They must fix a date for pronouncement of orders and intimate parties in advance. Karnataka High Court.

  • 16-September-2021
  • Daksha Legal
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  Extortion by Police Officer during Covid times. Karnataka High Court quashes Criminal cases on consideration of cases on merits.

  • 15-September-2021
  • Daksha Legal
• 

  Commercial suits. Production of additional documents. Requirement to establish reasonable cause for non disclosure of documents along with the plaint does not apply if documents are found subsequent to filing of suit. Supreme Court.

  • 15-September-2021
  • Daksha Legal
• 

  Demolition of property tenanted under Rent Act. Tenant cannot resort to Transfer of Property Act for re-possession. Remedy, if any, is under the Rent Act. Supreme Court.

  • 15-September-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Bar under Section 9(3) against grant of interim measures by court does NOT apply if the application was already entertained before constitution of the arbitration Tribunal. Supreme Court.

  • 14-September-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code, 2016. Section 61(2). Appellate Tribunal has NO jurisdiction to condone delay in filing appeal beyond statutory period of 45 days. Supreme Court.

  • 14-September-2021
  • Daksha Legal
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  Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.

  • 14-September-2021
  • Daksha Legal
• 

  Application for Maintenance. Filing false Affidavit of Disclosure of Assets and Liabilities is a serious issue. Trial court can not defer consideration of perjury issue and must decide it at the earliest. Karnataka High Court.

  • 14-September-2021
  • Daksha Legal