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  Cr.P.C. Criminal proceeding is not like the native game of Kho Kho wherein one triggers the movement of another. Section 319 does not mean that after one sets the criminal law into motion others can take it further. Karnataka High Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Educational Institutions. Property tax exemption is available even to any land or building used for the purpose of educational institution or incidental thereto such as bank canteen and staff quarters. Karnataka High Court.

  • 25-January-2023
  • Daksha Legal
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  Educational Institutions. Property tax exemption would also apply to persons who have leased the property for educational purposes. Karnataka High Court.

  • 19-January-2023
  • Daksha Legal
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  IPC. Sections 406 and 420. Supply of substandard goods is a civil dispute unless dishonest intention on the part of the supplier is shown. It does not amount to fraud or criminal breach of trust. Criminal proceedings quashed. Karnataka High Court. 6:2:21

  • 06-February-2021
  • Daksha Legal
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  Cr.P.C. Section 202. Accused outside Court jurisdiction. Holding of inquiry and examination of witnesses is mandatory before issuing process so that false cases are filtered and rejected. Karnataka High Court. 2 March 2021

  • 02-March-2021
  • Daksha Legal
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  Cr.P.C. Sections 451 and 457. Release of seized vehicle illegally transporting minor mineral is governed by a special provision. Furnishing security for double the value of vehicle is mandatory. Karnataka High Court. 25 February 2021

  • 25-February-2021
  • Daksha Legal
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  Interpretation of Statutes. If plain meaning in a provision of law or statute gives rise to absurdity the same shall be avoided and purposive interpretation to be preferred. Karnataka High Court. 23 February 2021.

  • 23-February-2021
  • Daksha Legal
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  Industrial Disputes Act 1947. Section 17B. Payment of full wages to workman pending proceedings in higher Courts is not absolute especially when relation of employer and employee is in serious dispute. Karnataka High Court.

  • 18-January-2023
  • Daksha Legal
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  CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court. 11 Feb 2021

  • 11-February-2021
  • Daksha Legal
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  Medical Negligence. Criminal prosecution is a serious matter. For an act to amount to criminal negligence the degree of negligence should be gross or of a very high degree-Karnataka Court-while quashing criminal proceedings against doctor. 2 February 2021

  • 02-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Section 11. In rare and exceptional cases where the claims are ex facie time barred and it is manifest that there is no subsisting dispute the Court may refuse to make the reference. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Period of limitation to apply under Section 11 is three years as per Article 137 of Schedule I Limitation Act 1963. Limitation runs from the date when there is failure to appoint arbitrator. Supreme Court. 10 March 2021

  • 10-March-2021
  • Daksha Legal