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  Civil Procedure Code. Judgment rendered in a representative suit under Section 92 will operate as res judicata on the same or substantially the same issue. Supreme Court

  • 23-September-2021
  • Daksha Legal
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  Administrative Authority, exercising judicial or a quasi-judicial power, must record reasons for its decision unless the requirement has been expressly or by necessary implication done away. Supreme Court reiterates.

  • 23-September-2021
  • Daksha Legal
• 

  Negotiable Instruments Act. When presumption remains unrebutted, validity of the agreement for sale of property under which cheque was issued can not be gone into by the court trying cheque bounce cases. Supreme Court.

  • 23-September-2021
  • Daksha Legal
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  Arbitration. Even when an arbitration agreement exists, it would not prevent the Court to decline a prayer for reference if the dispute in question does not correlate to the said agreement. Supreme Court

  • 22-September-2021
  • Daksha Legal
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  Service Law. Change of date of birth cannot be claimed as a matter of right and belated application can be rejected on the ground of delay and latches. Supreme Court.

  • 21-September-2021
  • Daksha Legal
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  Criminal Law. Registration of second FIR on the same incident is hit by the “doctrine of sameness” and liable to be quashed as it amounts to improving the facts and the case in the subsequent complaint on the same incident. Karnataka High Court.

  • 21-September-2021
  • Daksha Legal
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  A caretaker or servant does NOT acquire any interest in the property irrespective of his long possession. Supreme Court.

  • 21-September-2021
  • Daksha Legal
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  MVC Act. Deprivation of promotion in employment and loss of employment opportunity after retirement due to disability. Legislature to take note of this aspect and bring suitable amendment. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  'Quasi judicial body soliciting disputes to be filed before it is a violation of every known canon of principles of natural justice.' Karnataka High Court quashes orders of Electricity Regulatory Commission on grounds of official bias.

  • 20-September-2021
  • Daksha Legal
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  Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.

  • 20-September-2021
  • Daksha Legal
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  Civil Procedure Code. Rejection of plaint on the ground of delay based on constructive notice. A defendant cannot pick up few sentences here and there from the plaint and seek rejection of plaint. Supreme Court.

  • 19-September-2021
  • Daksha Legal