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  Arbitration and Conciliation Act. Waiver of ineligibility of arbitrator under Section 12. In the absence of an express agreement between parties claim cannot be barred by principles of waiver acquiescence and estoppel. Karnataka High Court. 25:2:2021

  • 25-February-2021
  • Daksha Legal
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  Limitation Act. Section 5. Though it is not mandatory to file application for condonation of delay no applicant or appellant can claim condonation of delay as of right without making an application giving sufficient cause. Supreme Court. 22:3:2021

  • 22-March-2021
  • Daksha Legal
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  Representation of the People Act 1951. Election to Council of States-Rajya Sabha-can NOT be challenged by an ordinary voter unless he is a candidate or member of the electoral college. Karnataka High Court. 18 February 2021

  • 18-February-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code 2016. Time spent under the SARFAESI Act is to be excluded in proceedings under Sections 7 and 9 IBC applying the principles of Section 14 Limitation Act. Supreme Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
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  Indian Penal Code. Section 34. Presence of the the accused to facilitate the execution of the common design amounts to actual participation in the criminal act. Supreme Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal
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  Payment of Gratuity Act 1972. Payment of gratuity would NOT depend upon an application being made by the employee. Employer is duty bound to dispense gratuity immediately after cessation of service of an employee. Karnataka High Court.

  • 03-February-2023
  • Daksha Legal
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  Industrial Disputes Act. Reference to Industrial Tribunal cannot be quashed merely on the ground of delay when factual antecedents disclose diligent prosecution seeking status of protected workman. Case law discussed. Karnataka High Court. 22 Feb 2021

  • 22-February-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Award rejecting claim if found to be illegal fresh award cannot be made by Court under Section 34. Only option is to set aside award and leave parties to resume Arbitration once again. Karnataka High Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Application under Section 9 is maintainable even after conclusion of arbitral proceedings and during Section 34 proceedings only in so far as the claim granted by the arbitrator. Karnataka High Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. There is NO requirement of sending notice under Certificate of Posting once the notice is sent by Registered Post Acknowledgment Due. Karnataka High Court. 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Environment. Declaring forest as non-forest under the Karnataka Forest Act without the prior approval of the Central Government is illegal. Take action against erring officials - Karnataka High Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  The law of limitation binds everybody including the Government. Merely because the government is involved, a different yardstick for condonation of delay cannot be laid down.-Supreme Court reiterates. 19 March 2021

  • 19-March-2021
  • Daksha Legal