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  Sexual violence against women and girls with disabilities. Supreme Court lays down guidelines to make the criminal justice system more disabled-friendly. 27 April 2021

  • 27-April-2021
  • Daksha Legal
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  Contract Act. Section 62. To constitute rescission of contract, the alteration must go to very root of original contract and change its essential character, so that modified contract must be read as doing away with the original. Supreme Court. 14:9:2017

  • 14-September-2017
  • Daksha Legal
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  Grant of bail. While considering the bail petition, the Courts must examine the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail. Supreme Court. 23 April 2021

  • 23-April-2021
  • Daksha Legal
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  Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court. 19 March 2021

  • 19-March-2021
  • Daksha Legal
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  Right to Information Act, 2005. Penalty imposed under Section 20 cannot be at the discretion of the first or second appellate authority. Imposition of penalty as provided under the Section is mandatory. Karnataka High Court. 18 March 2021

  • 18-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Award of interest. Blank portion left by the contractor in appendix to bid cannot be construed as zero or nil interest claim when the contract provides for payment of interest. Supreme Court. 22 April 2021

  • 22-April-2021
  • Daksha Legal
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  Land Acquisition Act 1894. Land acquired and vested with the Government can NOT be withdrawn. Unless there is material to rebut statutory presumption, notification under Section 16(2) is evidence of taking possession. Karnataka High Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
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  Negotiable Instruments Act,1881. Section 138. When there is delay in filing complaint and application under Section 142B is filed, magistrate can NOT straightaway take cognizance without issuing notice on the application. Karnataka High Court. 31:3:2021

  • 31-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Two Indian companies can choose a forum for arbitration outside India. An arbitral award arising from such an arbitration would be a foreign award. Supreme Court. 20 April 2021

  • 20-April-2021
  • Daksha Legal
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  Principles of Natural Justice. In the absence of any legal right, the principles do not apply. Authority passing resolution in favour of a person without any statutory backing can withdraw it without prior notice. Karnataka High Court. 7 April 2021

  • 07-April-2021
  • Daksha Legal
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  Motor Vehicles Act, 1988. Section 147. Person travelling on mud-guard of a tractor is NOT an authorized passenger. Persons working on ploughing/crushing machines attached to tractor are NOT employees. Karnataka High Court. (Full Bench). 20 April 2021

  • 20-April-2021
  • Daksha Legal
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  Karnataka High Court Act, 1961. Regular First Appeals filed before the 2007 amendment, whose value is less than Rs.15 lakhs, have to be heard by the Division Bench. Amendment applies only to appeals filed after 28 August 2007. Kar HC 9:4:2021

  • 09-April-2021
  • Daksha Legal