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  Air India Limited is not a 'State' within the meaning of Article 12 of the Constitution of India after disinvestment and hence Writ against it is not maintainable. Karnataka High Court.

  • 21-April-2022
  • Daksha Legal
• 

  Sale of mortgaged property under SARFAESI Act. When title of property is under cloud which was not disclosed by bank, auction purchaser can withdraw his bid and seek refund of advance amount. Bank can not forfeit the advance amount. Karnataka High Court.

  • 21-April-2022
  • Daksha Legal
• 

  Service Law. Merely because co-delinquent is inflicted with lesser punishment cannot be a ground to hold punishment imposed on the delinquent employee as disproportionate. Supreme Court.

  • 25-April-2022
  • Daksha Legal
• 

  Post operative medical negligence. Medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field. Supreme Court.

  • 23-April-2022
  • Daksha Legal
• 

  Service Law. Employer cannot alter date of birth records at the end of career of employee to his detriment by taking unilateral decision that date of birth specified in service book was erroneous. Supreme Court.

  • 21-April-2022
  • Daksha Legal
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  Review. An error, which is not self-evident and to be detected by the process of reasoning, can not be said to be an error apparent on the face of the record, justifying the Court to exercise the power of review. Karnataka High Court.

  • 21-April-2022
  • Daksha Legal
• 

  Liquidation under IB Code. Provident fund, gratuity fund and pension fund shall be kept out of the liquidation process to be paid to workmen and the liquidator cannot claim such funds. Supreme Court.

  • 22-April-2022
  • Daksha Legal
• 

  Procedure. When the issue touches the question of territorial jurisdiction, as far as possible the same shall have to be decided first as preliminary issue. Supreme Court.

  • 22-April-2022
  • Daksha Legal
• 

  Merely because the employee voluntarily deposited the defrauded amount along with penal interest cannot be a ground to interfere with the order of punishment imposed by the Disciplinary Authority. Supreme Court.

  • 22-April-2022
  • Daksha Legal
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  Pre-deposit of 75% of the awarded amount is mandatory when award under Small and Medium Enterprise Development Act is challenged. Supreme Court reiterates.

  • 21-April-2022
  • Daksha Legal
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  ''The practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently must be stopped and discouraged''. Supreme Court.

  • 21-April-2022
  • Daksha Legal
• 

  Grant of bail in matters involving serious offences. Reasoning is the life blood of the judicial system. An unreasoned order suffers the vice of arbitrariness. Supreme Court

  • 21-April-2022
  • Daksha Legal