• 

  ''Irrational apprehension of bias against the Hon'ble Judge''. Karnataka High Court rejects application seeking change of arbitrator, retired Supreme Court Judge, who as lawyer appeared against the company 25 years ago.

  • 20-November-2021
  • Daksha Legal
• 

  Section 14 of the Limitation Act would apply even in case where the Forum which had been approached by the plaintiff had jurisdiction but did not deem fit to exercise jurisdiction. Karnataka High Court

  • 19-November-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act, 1996. Dismissal of earlier arbitration proceedings is NOT a bar to initiate fresh arbitration proceedings under the same clause if the claims and disputes are different. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Kumki rights are NOT pre-existing rights and they can be curtailed, abridged or taken away by the competent authority in a given case having regard to the facts and circumstances of the case. Karnataka High Court.

  • 19-November-2021
  • Daksha Legal
• 

  Rejection of a public interest litigation in limine without a substantive adjudication on merits will NOT operate as resjudicata for a subsequent petition. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Criminal Law. Claim of juvenility can be raised at any stage of a criminal proceeding, even after a final disposal of the case. Supreme Court analyses the principles.

  • 18-November-2021
  • Daksha Legal
• 

  POCSO Act. Important ingredient for constituting offence of sexual assault is the “sexual intent” and not the “skin to skin” contact with the child. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Only Indian courts and not foreign courts have jurisdiction to decide custody of a child brought to India especially when the parties married under the Hindu Marriage Act. Karnataka High Court.

  • 17-November-2021
  • Daksha Legal
• 

  Violation of rule of ''utmost good faith'' and deliberate non-disclosure or misstatement of facts is a ground to reject temporary injunction or to vacate the order already granted. Karnataka High Court.

  • 16-November-2021
  • Daksha Legal
• 

  Though right to be represented by a counsel or agent in domestic enquiry is not an absolute right, if the charge is of severe and complex nature, the request to be represented though a counsel or agent should be considered. Supreme Court.

  • 16-November-2021
  • Daksha Legal
• 

  A right not exercised for a long time is non-existent. Supreme Court explains distinction between 'doctrine acquiescence’ and ‘delay and laches’.

  • 16-November-2021
  • Daksha Legal
• 

  Where the Statute is otherwise silent, the resignation would take immediate effect without waiting for its acceptance and much less the communication of acceptance. Karnataka High Court

  • 16-November-2021
  • Daksha Legal