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  Cr.P.C. Section 202. Accused outside Court jurisdiction. Holding of inquiry and examination of witnesses is mandatory before issuing process so that false cases are filtered and rejected. Karnataka High Court. 2 March 2021

  • 02-March-2021
  • Daksha Legal
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  Cr.P.C. Sections 451 and 457. Release of seized vehicle illegally transporting minor mineral is governed by a special provision. Furnishing security for double the value of vehicle is mandatory. Karnataka High Court. 25 February 2021

  • 25-February-2021
  • Daksha Legal
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  Interpretation of Statutes. If plain meaning in a provision of law or statute gives rise to absurdity the same shall be avoided and purposive interpretation to be preferred. Karnataka High Court. 23 February 2021.

  • 23-February-2021
  • Daksha Legal
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  Industrial Disputes Act 1947. Section 17B. Payment of full wages to workman pending proceedings in higher Courts is not absolute especially when relation of employer and employee is in serious dispute. Karnataka High Court.

  • 18-January-2023
  • Daksha Legal
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  CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court. 11 Feb 2021

  • 11-February-2021
  • Daksha Legal
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  Medical Negligence. Criminal prosecution is a serious matter. For an act to amount to criminal negligence the degree of negligence should be gross or of a very high degree-Karnataka Court-while quashing criminal proceedings against doctor. 2 February 2021

  • 02-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Section 11. In rare and exceptional cases where the claims are ex facie time barred and it is manifest that there is no subsisting dispute the Court may refuse to make the reference. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Period of limitation to apply under Section 11 is three years as per Article 137 of Schedule I Limitation Act 1963. Limitation runs from the date when there is failure to appoint arbitrator. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Where complaint makes serious allegations of crime - plea of civil dispute or arbitral proceedings can only be defence during trial and cannot be examined for quashing the criminal proceedings. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Constitution of India. Article 226. By an interim order even the final relief ordinarily should not be granted. Supreme Court reiterates. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  I.B.Code 2016. Appeal to NCLAT from orders of Adjudicating Authority. Though Section 14 of the Limitation Act would not strictly apply to proceedings before quasi-­judicial Tribunal the underlying principles would apply. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Criminal Procedure Code. Power under Section 311 to summon material witness or examine person present can be invoked by the court suo motu and even at a stage when the case is posted for judgment. Karnataka High Court.

  • 16-January-2023
  • Daksha Legal