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  Defence under Section 27 of the Contract Act (agreement in restraint of trade) is NOT available to a person who is not a party to the agreement. Karnataka High Court.

  • 16-December-2021
  • Daksha Legal
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  IBC. Adjudicating Authority cannot compel a party to the proceedings before it to settle a dispute. It can either admit or reject the application under Section 7. Supreme Court.

  • 15-December-2021
  • Daksha Legal
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  Writ of mandamus can NOT be issued by the High Court directing a financial institution/bank to positively grant the benefit of One Time Settlement to a borrower. Supreme Court.

  • 15-December-2021
  • Daksha Legal
• 

  Magistrate can NOT refer complaint alleging defamation to police for investigation. He must decide on the basis of sworn statement and witnesses. Karnataka High Court.

  • 14-December-2021
  • Daksha Legal
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  Delay in lodging complaint and registration of FIR. Charge-sheet filed by the officer of the CID who is not the officer in-charge of a police station. Karnataka High Court quashes entire criminal proceedings as illegal.

  • 14-December-2021
  • Daksha Legal
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  SC Judgment that Consumer Forum cannot condone delay of more than 45 days in filing version in consumer cases does NOT apply to cases pending as of March 4, 2020. Supreme Court.

  • 14-December-2021
  • Daksha Legal
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  Election petition alleging corrupt practice. Non-submission of affidavit in Form-25 is a curable defect. Petition cannot be dismissed on this ground. Supreme Court.

  • 13-December-2021
  • Daksha Legal
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  Karnataka Lokayukta Police can NOT challenge rejection of Government sanction to prosecute a public servant since it it cannot claim to be an aggrieved person. Karnataka High Court.

  • 13-December-2021
  • Daksha Legal
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  ''Confer Other Backward Class benefits to Kodavas by correcting their nomenclature''. Karnataka High Court directs Govt to accept recommendations of the Karnataka State Backward Commission.

  • 13-December-2021
  • Daksha Legal
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  Right to Information. Karnataka High Court directs the Authorities to store information in electronic format and communicate it to applicants immediately on applications being filed.

  • 12-December-2021
  • Daksha Legal
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  A co-defendant cannot be permitted to cross-examine another co-defendant to get over an admission given by such co-defendant during his cross-examination. Karnataka High Court

  • 12-December-2021
  • Daksha Legal
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  Service Law. Stigmatic termination of an employee cannot be done by following termination simplicotor Rule abandoning disciplinary proceedings. Karnataka High Court.

  • 12-December-2021
  • Daksha Legal