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  Complaint filed before a jurisdictional police station can be transferred to the Central Crime Branch for investigation provided the CCB Investigating Officer is of the same or higher rank. Karnataka High Court. 24 February 2021.

  • 24-February-2021
  • Daksha Legal
• 

  Quashing criminal cases arising out of civil transactions. When ingredients of crime are prima facie made out-the court is required to stay its hand and allow case to go on. Karnataka High Court. 24 February 2021.

  • 24-February-2021
  • Daksha Legal
• 

  Trade Mark. Deceptive similarity. The test is likelihood of confusion arising between two trademarks in the mind of a quintessential common man who does not have the wisdom of Solomon nor the trained eyes of Sherlock Holmes. Karnataka High Court. 15:3:21

  • 15-March-2021
  • Daksha Legal
• 

  Child custody and matrimonial disputes. Family courts cannot act in a tearing hurry at the insistence of the parties disregarding mandatory statutory procedural safeguards and principles of natural justice. Supreme Court. 17 March 2021.

  • 17-March-2021
  • Daksha Legal
• 

  Consumer Protection Act 1986 and 2019. Proceedings instituted before commencement of 2019 Act on 20 July 2020 would continue before the forums corresponding to 1986 Act and not to be transferred in terms of 2019 Act. Supreme Court. 16 March 2021

  • 16-March-2021
  • Daksha Legal
• 

  Karnataka SC-ST PTCL Act. Application for resumption of land after sale with prior permission NOT maintainable. Alternative appeal remedy not a bar for Writ Petition against illegal order of Assistant Commissioner. Karnataka High Court.

  • 19-January-2023
  • Daksha Legal
• 

  Karnataka Stamp Act 1957. Sections 31 and 32. Adjudication as to stamps. District Registrar can NOT impound and levy penalty on a document submitted for adjudication. He can only determine the stamp duty payable. Karnataka High Court.

  • 07-February-2023
  • Daksha Legal
• 

  Karnataka Stamp Act Stamp 1957. Stamp duty can NOT be levied on interest portion when an instrument-including Arbitration award-is registered. Karnataka High Court.

  • 20-January-2023
  • Daksha Legal
• 

  Insolvency Bankruptcy Code. A person who is ineligible under Section 29A of IBC to submit a resolution plan is also barred from proposing a scheme of compromise and arrangement under Section 230 of the Companies Act. Supreme Court. 15 March 2021.

  • 15-March-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act 1996. Court may refuse to make the reference under Section 11 where the claims are ex facie time-barred. Supreme Court. 15 March 2021.

  • 15-March-2021
  • Daksha Legal
• 

  Cr.P.C. Section 319. Even persons not named in the FIR or named in the FIR but not charged or who have been discharged can be summoned. Supreme Court. 15 March 2021.

  • 15-March-2021
  • Daksha Legal
• 

  Cr.P.C. Section 319. Power to proceed against other persons appearing to be guilty of offence can be exercised even on the basis of statement in examination-in­-chief without waiting for cross ­examination of the witness. Supreme Court. 15 March 2021

  • 15-March-2021
  • Daksha Legal