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  Whether non payment of stamp duty on the commercial contract would invalidate the arbitration agreement Matter referred to larger bench. Supreme Court.

  • 12-January-2021
  • Daksha Legal
• 

  Consumer Protection Act. One sided agreement by developer constitutes unfair trade practice. The Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer‘s Agreement. Supreme Court.

  • 12-January-2021
  • Daksha Legal
• 

  The difficulties of a litigant in India begin when he has obtained Decree. Karnataka High Court quotes Privy Council while affirming restoration of property to Decree Holder. Castigates the Judgment Debtor for trying to frustrate the decree.

  • 12-January-2021
  • Daksha Legal
• 

  Mega E-Lok Adalat conducted by the Karnataka State Legal Services Authority and High Court Legal Services Committee disposes 263215 cases in a single day with settlement amount of more than Rs. 702 Crores.

  • 11-January-2021
  • Daksha Legal
• 

  Mandatory Injunction. Party seeking relief must establish much more than mere prima facie case. Supreme Court.

  • 11-January-2021
  • Daksha Legal
• 

  Copyright. In cases of infringement of copyright normally an injunction must follow. Mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. Supreme Court.

  • 11-January-2021
  • Daksha Legal
• 

  Service Law. A Government Corporation cannot entrust departmental enquiry to Lokayukta unless it adopts Karnataka Civil Services Classification Control and Appeal Rules. Karnataka High Court.

  • 10-January-2021
  • Daksha Legal
• 

  Easements Act 1882. Easement of necessity in relation to a pathway. It should be an absolute necessity. If there exits any other way there can be no easement of necessity. Supreme Court.

  • 10-January-2021
  • Daksha Legal
• 

  Transfer of Property Act. A gift of immovable property can be effected without transfer of possession. Supreme Court.

  • 09-January-2021
  • Daksha Legal
• 

  Constitution of India. After 1993 amendments elections to local bodies can be questioned only by way of election petition. Writ petitions are not maintainable. Karnataka High Court.

  • 09-January-2021
  • Daksha Legal
• 

  Contract Act. Fraud on third parties committed by employees during the course of their action and while working on behalf of the employer. Employer is liable for such actions. Karnataka High Court.

  • 09-January-2021
  • Daksha Legal
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  Criminal Trial. Closing defence of accused when counsel remains absent violates Articles 21 of the Constitution of India. Court must ensure alternate legal assistance to accused. Karnataka High Court.

  • 08-January-2021
  • Daksha Legal