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  Criminal Procedure Code. Order granting or rejecting bail under Section 167-2 is an interlocutory order and hence revision under Section 397 read with Section 401 is NOT maintainable. Karnataka High Court. 24 May 2021

  • 24-May-2021
  • Daksha Legal
• 

  Cenvat Credit Rules, 2004. Industry having outdoor catering services for factory canteen cannot claim Cenvit credit post 2011. Court, while dealing with taxing statute, cannot include what is specifically excluded. Karnataka High Court. 21 April 2021

  • 21-April-2021
  • Daksha Legal
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  Judicial review. Look Out Circular issued by Bank against debtor in larger public interest and economic interest of the nation cannot be the subject matter of judicial scrutiny. National interest is paramount. Karnataka High Court. 12 May 2021

  • 12-May-2021
  • Daksha Legal
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  Educational Institutions. Government can only prevent commercialization. Institutions have complete autonomy to fix their fees. Government cannot indefinitely postpone collection of annual charges. Delhi High Court. 31 May 2021

  • 31-May-2021
  • Daksha Legal
• 

  Transfer of Property Act. Section 43. Feeding the grant by estoppel does NOT apply where the transfer is forbidden by law or contrary to public policy or contrary to the provisions of a statute. Karnataka High Court. 17 March 2015

  • 17-March-2015
  • Daksha Legal
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  Transfer of Property Act. Section 43. Feeding the grant by estoppel does NOT apply if the transferee knows that the transferor did not possess the title at the time of transfer. Karnataka High Court.

  • 06-February-2023
  • Daksha Legal
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  Cr.P.C. Section 438 and 482. High Court can NOT grant protection from arrest to accused while rejecting the petition for anticipatory bail. Supreme Court. 28 May 2021

  • 28-May-2021
  • Daksha Legal
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  IPC. Section 304-B. Soon before her death does not mean immediately before, rather prosecution has to show existence of a proximate and live link between the cruelty and the consequential death of the victim. Supreme Court. 28 May 2021

  • 28-May-2021
  • Daksha Legal
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  Negotiable Instruments Act. Complaint under Section 138 is not an Encyclopedia. The complainant is required to plead basic particulars to disclose commission of the offence. Karnataka High Court. 20 May 2021

  • 20-May-2021
  • Daksha Legal
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  Karnataka SC-ST PTCL Act. Question of delay in initiating proceedings does NOT arise if sale is challenged on the ground of fraud, forgery and impersonation which go to the root of the transaction. Karnataka High Court 19 May 2021

  • 19-May-2021
  • Daksha Legal
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  Protection of Women from Domestic Violence Act, 2005. Order granting temporary custody of child is appealable under Section 29. Criminal Petition under Section 482 Cr.P.C, is NOT maintainable. Karnataka High Court. 20 May 2021

  • 20-May-2021
  • Daksha Legal
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  Cr.P.C. Limitation for criminal prosecution. Date relevant is the date when criminal complaint is filed and not the date when Magistrate takes cognizance. Karnataka High Court reiterates. 24 May 2021

  • 24-May-2021
  • Daksha Legal