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  Cr.P.C. Power under Section 319 to proceed against other persons appearing to be guilty of offence to be exercised sparingly and in exceptionally prima facie cases. Supreme Court reiterates.

  • 10-March-2022
  • Daksha Legal
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  Court can record compromise among parties even after auction of subject property is completed since successful auction purchaser has no vested right till sale certificate is issued in his favour. Karnataka High Court.

  • 10-March-2022
  • Daksha Legal
• 

  Defendant whose written statement taken as not filed and on dismissal of his application under Section 8(1) of the Arbitration and Conciliation Act can not seek permission to file written statement. Karnataka High Court.

  • 10-March-2022
  • Daksha Legal
• 

  Recognition granted to Schools under the Karnataka Education Act, 1983 is for a minimum period of ten years. Government cannot insist on annual renewal of recognition. Karnataka High Court.

  • 08-March-2022
  • Daksha Legal
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  SC /ST (Prevention of Atrocities Act),1989 is prospective in operation. No prosecution for the acts committed prior to coming into force of the Act. Karnataka High Court.

  • 08-March-2022
  • Daksha Legal
• 

  Central Goods and Service Tax Act, 2017. Grant of refund is a policy matter. No Constitutional right to claim GST refund. Supreme Court.

  • 08-March-2022
  • Daksha Legal
• 

  SARFAESI Act. Mere mentioning and using the word ''fraud/fraudulent'' is not sufficient to satisfy the test of fraud. Supreme Court.

  • 08-February-2021
  • Daksha Legal
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  In the absence of actual loss or damage, no compensation under Sections 73 and 74 of the Contract Act for mere breach of contract. Kerala High Court.

  • 08-February-2021
  • Daksha Legal
• 

  First of its kind; Karnataka High Court grants ‘John Doe’ injunction order against unknown defendant/respondent.

  • 08-March-2022
  • Daksha Legal
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  Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court.

  • 07-March-2022
  • Daksha Legal
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  POCSO Act. Investigation Officer shall inform victim’s parents and legal counsel about bail application or any other application by the accused or the prosecution in the proceedings. Karnataka High Court.

  • 07-March-2022
  • Daksha Legal
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  Bar under the Karnataka Education Act does not apply for filing civil suit when the teacher seeks arrears of salary from the educational institution. Karnataka High Court.

  • 07-March-2022
  • Daksha Legal