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  Rejection of plaint. Arguments not advanced before the trial court or documents not produced before the trial court can NOT be raised or produced before a court exercising revisional jurisdiction under Section 115 of the CPC. Karnataka High Court.

  • 18-December-2021
  • Daksha Legal
• 

  Consumer Protection Act. Sameness of interest and joining of all aggrieved consumers is absolutely necessary to seek permission to file consumer complaint in a representative capacity. Supreme Court.

  • 17-December-2021
  • Daksha Legal
• 

  Right of persons with mental disabilities against discrimination in the course of employment. Supreme Court analyses complex question of balancing competing interests.

  • 17-December-2021
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Deputy Commissioner cannot sit as Revenue Court and pass orders when there is no enquiry/revenue proceedings pending before him for adjudication. Karnataka High Court.

  • 17-December-2021
  • Daksha Legal
• 

  Land Acquisition. Withdrawal of acquisition proceedings can be cancelled by the Government thus restoring acquisition proceedings. Supreme Court.

  • 16-December-2021
  • Daksha Legal
• 

  ''Students were deprived of effective education during Covid pandemic. Promote them to next semester''. Karnataka High Court directs Karnataka State Law University.

  • 16-December-2021
  • Daksha Legal
• 

  Compassionate appointment. Where new scheme dilutes existing benefits, new scheme is applicable. Where new scheme grants larger benefits, old scheme is applicable. Supreme Court.

  • 16-December-2021
  • Daksha Legal
• 

  Limitation Act. Where there is gross negligence, lack of bonafides and/or want of due diligence, delay in filing appeal can not be condoned. Supreme Court.

  • 16-December-2021
  • Daksha Legal
• 

  Defence under Section 27 of the Contract Act (agreement in restraint of trade) is NOT available to a person who is not a party to the agreement. Karnataka High Court.

  • 16-December-2021
  • Daksha Legal
• 

  IBC. Adjudicating Authority cannot compel a party to the proceedings before it to settle a dispute. It can either admit or reject the application under Section 7. Supreme Court.

  • 15-December-2021
  • Daksha Legal
• 

  Writ of mandamus can NOT be issued by the High Court directing a financial institution/bank to positively grant the benefit of One Time Settlement to a borrower. Supreme Court.

  • 15-December-2021
  • Daksha Legal
• 

  Magistrate can NOT refer complaint alleging defamation to police for investigation. He must decide on the basis of sworn statement and witnesses. Karnataka High Court.

  • 14-December-2021
  • Daksha Legal