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  Judicial review. In tender matters, judicial review is equivalent to judicial restraint. What is reviewed is not the decision itself but the manner in which it was made. Supreme Court reiterates. 9 April 2021

  • 09-April-2021
  • Daksha Legal
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  National Courts can draw inspiration from International Conventions and Treaties, so long as they are not in conflict with the municipal law. Right not to be deported is ancillary to the right to reside in any part of India. Supreme Court 8 April 2021

  • 08-April-2021
  • Daksha Legal
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  Narcotic Drugs and Psychotropic Substances Act. Grant of bail. Whether the accused-petitioner had conscious possession of drugs or not cannot be decided by the Court by holding a mini trial while considering bail application. Kar High Court. 15 March 2021

  • 15-March-2021
  • Daksha Legal
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  Income Tax Act, 1961. Third proviso to Section 254-2A which provides for automatic vacation of stay in appeal after 365 days, even if the delay in disposal of appeal is not attributable to the assesse, is unconstitutional. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Section 11. Whether an agreement with arbitration clause is novated or not cannot be decided in exercise of limited jurisdiction. Issue shall be referred to arbitrator. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Companies Act, 1956. Admission of winding up petition. It is not necessary while admitting the petition to establish that the entire claim is undisputed. Interest on delayed payment is a also a claim. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Cr.P.C. Section 200. Magistrate can not refer complaint for investigation to Police under Section 156, after taking cognizance of the offence. After taking cognizance, he can not revert back. Karnataka High Court. 24 March 2021

  • 24-March-2021
  • Daksha Legal
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  Town Planning. Illegal and unauthorized constructions not only violate the municipal laws and concept of land development of particular area but also affect fundamental and constitutional rights of other persons. Karnataka High Court. 16 March 2021

  • 16-March-2021
  • Daksha Legal
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  A murderer kills one or two persons. Those who deal in narcotic drugs are causing death or inflicting death blow to number of innocent vulnerable young victims which is a deadly impact on the society. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Narcotic Drugs and Psychotropic Substances Act, 1985. Poverty not a reason to award lesser punishment. Public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal
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  Hindu Law. Alienation by karta of a joint Hindu family. For the benefit of the joint Hindu Family, a Karta can surrender tenancy rights of tenanted premises used for family business. Supreme Court. 5 April 2021

  • 05-April-2021
  • Daksha Legal
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  Companies Act, 1956. Section 538. Official Liquidator can NOT launch criminal prosecution without obtaining sanction of the Company Court-Tribunal. Karnataka High Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal