• 

  Arbitration and Conciliation Act, 1996. Bar under Section 9(3) against grant of interim measures by court does NOT apply if the application was already entertained before constitution of the arbitration Tribunal. Supreme Court.

  • 14-September-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code, 2016. Section 61(2). Appellate Tribunal has NO jurisdiction to condone delay in filing appeal beyond statutory period of 45 days. Supreme Court.

  • 14-September-2021
  • Daksha Legal
• 

  Criminal Law. To constitute criminal breach of trust, there must be 'entrustment of property'. Joint Development Agreement between owner and developer is not 'entrustment of property' to attract criminal breach of trust. Karnataka High Court.

  • 14-September-2021
  • Daksha Legal
• 

  Application for Maintenance. Filing false Affidavit of Disclosure of Assets and Liabilities is a serious issue. Trial court can not defer consideration of perjury issue and must decide it at the earliest. Karnataka High Court.

  • 14-September-2021
  • Daksha Legal
• 

  Criminal Procedure Code. Appeal against conviction is not continuation of the prosecution. Victim has no right to be impleaded in such appeal and be heard on suspension of sentence. Karnataka High Court.

  • 14-September-2021
  • Daksha Legal
• 

  Compassionate appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996. 'Dependent' does NOT include divorced daughter. Supreme Court.

  • 13-September-2021
  • Daksha Legal
• 

  Karnataka Local Authorities (Prohibition of Defection) Act, 1987. Issuance of Whip, Enquiry by Competent Authority etc explained. Karnataka High Court.

  • 13-September-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Contours of the Court’s power to review arbitral awards explained. Every error of law would not amount to ‘patent illegality’ and erroneous application of law cannot be categorised as patent illegality. Supreme Court

  • 12-September-2021
  • Daksha Legal
• 

  Civil Procedure Code. Section 100. There is no prohibition on entertaining a second appeal even on a question of fact when the findings of fact are found to be perverse. Supreme Court reiterates

  • 11-September-2021
  • Daksha Legal
• 

  Land acquisition. Compensation. In cases where land is valued on the basis of sales statistics, trees will have to be valued separately. Supreme Court.

  • 11-September-2021
  • Daksha Legal
• 

  Karnataka High Court exhaustively explains Karnataka State Apartment Ownership Act, 1972 and Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972

  • 11-September-2021
  • Daksha Legal
• 

  'Planting trees on a barren Government land is not a crime. Afforestation is an essential tool to deal with global warming'. Karnataka High Court

  • 11-September-2021
  • Daksha Legal