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  Insolvency and Bankruptcy Code 2016. Person having only security interest over the assets of corporate debtor -though a secured creditor- is not a financial creditor. Supreme Court

  • 03-February-2021
  • Daksha Legal
• 

  Prevention of Money Laundering Act. Freezing of the Bank account must be preceded by an order in the file recording the belief as provided under Section 17. Supreme Court

  • 03-February-2021
  • Daksha Legal
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  Appeal against acquittal. If the view taken by the trial court is a possible view appellate court can not reverse the acquittal to that of the conviction. Supreme Court

  • 03-February-2021
  • Daksha Legal
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  Criminal Procedure Code. Non-recording or delayed recording or improper recording of statement under Section 161-3 is a serious irregularity which is incurable. Conviction under NDPS Act set aside on this ground. Karnataka High Court.

  • 17-January-2023
  • Daksha Legal
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  Specific Relief Act. Bar under Section 22 against grant prayer not sought for does not curtail power of the appellate Order XLI Rule 33 CPC. Court can refund of sale consideration even in the absence of prayer. Karnataka High Court.

  • 01-February-2021
  • Daksha Legal
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  I. C. Golaknath and Others vs State Of Punjab and another. AIR 1967 1643

  • 27-February-1967
  • Daksha Legal
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  Indian Penal Code. Criminal conspiracy is generally hatched in secrecy and direct evidence is difficult to obtain or access. It can be proved only during trial. Proceedings cannot be quashed under Section 482 Criminal Procedure Code. Karnataka High Court

  • 01-February-2021
  • Daksha Legal
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  The Constitution of India is not a statute but a fountainhead of all statutes. A workman who cannot raise individual dispute under the Industrial Disputes Act can approach the High Court under Article 226. Karnataka High Court.

  • 07-October-2020
  • Daksha Legal
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  Civil Procedure Code. Amendment of pleadings. Doctrine of relation back from date of suit will not apply when court allows amendment subject to plea of limitation. Supreme Court.

  • 26-August-2015
  • Daksha Legal
• 

  Sajjan Singh vs State of Rajasthan AIR 1965 SC 845

  • 30-October-1964
  • Daksha Legal
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  Criminal Procedure Code. Section 319. Power to proceed against other persons appearing to be guilty of offence cannot be exercised in a casual manner on the basis of a stray statement of the complainant. Karnataka High Court.

  • 12-November-2024
  • Daksha Legal
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  SARFAESI Act is applicable to plantation lands in the state of Karnataka. Banks can enforce security against such lands. Karnataka High Court.

  • 29-January-2021
  • Daksha Legal