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  Civil Procedure Code. Bar contained in special enactments ousting civil court jurisdiction does NOT apply to disputes inter-se between private parties. Supreme Court.

  • 10-August-2021
  • Daksha Legal
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  Land Acquisition. Challenge to land acquisition can be rejected by courts on the ground constructive resjudicata and res judicata. Issue regarding fraud already adjudicated binds subsequent proceedings. Karnataka High Court.

  • 02-August-2021
  • Daksha Legal
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  Civil Procedure Code. Order 7 rule 11. Plaint can NOT be rejected on the ground of res judicata. The question of res judicata can be tried as a preliminary issue. Supreme Court.

  • 09-August-2021
  • Daksha Legal
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  Unlike access to justice, forum convenience is not a fundamental right. Only the Chief Justice of High Court has power to allocate work to puisne judges of respective benches of High Court. Karnataka High Court clarifies.

  • 06-August-2021
  • Daksha Legal
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  'Even a rupee cannot be taken from a citizen as fee except in accordance with law' Karnataka High Court while quashing imposition of Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee and Security Deposit by BBMP.

  • 04-August-2021
  • Daksha Legal
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  'Quasi judicial powers cannot be bartered away'. BBMP Commissioner can NOT delegate his power to hear and decide quasi-judicial cases to any other officer. Karnataka High Court.

  • 28-July-2021
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Termination of agreement to sell by the vendor constitutes arbitral dispute under Section 11(6) of the Act. Karnataka High Court.

  • 05-August-2021
  • Daksha Legal
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  Civil Procedure Code. Respondent in whose favour a court has decreed the suit can challenge an adverse finding of the trial court before the appellate court without filing cross objection. Supreme Court.

  • 05-August-2021
  • Daksha Legal
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  Offences by Companies. Criminal prosecution against Managing Director of a company is NOT maintainable when the company has nominated another person as responsible for conduct of business of the Company. Supreme Court.

  • 04-August-2021
  • Daksha Legal
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  Karnataka High Court quashes imposition of Ground rent, License fee, Scrutiny fee and Lake Rejuvenation fee by Bruhat Bangalore Mahanagara Palike as without jurisdiction and ultravires.

  • 04-August-2021
  • Daksha Legal
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  Insecticides Act, 1968. Limitation for criminal prosecution commences from the date of receipt of first analysis report. Authorities cannot consider receipt of second or subsequent reports as the starting point. Supreme Court.

  • 04-August-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code, 2016. There is no bar in law to the amendment of pleadings in a petition under Section 7 or to the filing of additional documents. Supreme Court

  • 04-August-2021
  • Daksha Legal