Judgements

Arbitration. If the contract prohibits prereference and pendente lite interest, the arbitrator cannot award interest for the said period. Supreme Court reiterates.

04-October-2021

Daksha Legal
Motor Vehicles Act. Minimum wages notification cannot be absolute to fix income to award compensation. In the absence of documentary evidence some amount of reality based guesswork is required to be done. Supreme Court.

02-October-2021

Daksha Legal
Motor Vehicles Act. If evidence before the Tribunal runs contrary to contents in the FIR, the evidence recorded before the Tribunal has to be given weightage over FIR. Supreme Court.

02-October-2021

Daksha Legal
Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled. Supreme Court.

02-October-2021

Daksha Legal
DNA tests impinge upon right of privacy of an individual and has major societal repercussion. Where other evidence is available, court should ordinarily refrain from ordering DNA Test. Supreme Court.

02-October-2021

Daksha Legal
Unregistered family settlement can be used as evidence of any collateral transaction. However, such collateral transaction should not itself be one which must be effected by a registered document. Supreme Court.

02-October-2021

Daksha Legal
In a contempt jurisdiction, the court can NOT travel beyond the original judgment or issue supplementary or incidental directions. Supreme Court reiterates.

02-October-2021

Daksha Legal
Trademark. Authoritative judgment of the Karnataka High Court on 'passing off', 'infringement' 'distinctiveness' and 'deceptive similarity'

01-October-2021

Daksha Legal
Production of alleged false caste certificate to seek employment does NOT attract the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Karnataka High Court.

07-November-2021

Daksha Legal
Motor Vehicles Act. Non-filing of police complaint personally or pleading guilty for the alleged negligence can NOT be a ground for rejecting the claim petition for compensation by the Tribunal. Karnataka High Court.

30-September-2021

Daksha Legal
Insolvency and Bankruptcy Code, 2016. Power of attorney holder who is granted proper authorisation can file application under Section 7 on behalf of the financial creditor. Supreme Court.

30-September-2021

Daksha Legal
'No instrumentality of the State or any litigant has a right to say that the order of the Court will not be complied with only because an ordinary copy of the order is supplied or that a certified copy is not supplied.' Karnataka High Court.

29-September-2021

Daksha Legal

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