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  Civil Procedure Code. Order 7 Rule 11. The court, while rejecting plaint, has NO power to allow plaintiff to cure defects in plaint and seek appropriate reliefs. Supreme Court.

  • 20-July-2021
  • Daksha Legal
• 

  Workmen's Compensation Act, 1923. Commissioner can't entirely go by the schedules in the Act to determine loss of earning capacity. Commissioner can award more compensation due to 'functional disability' caused to a workman. Karnataka High Court.

  • 13-July-2021
  • Daksha Legal
• 

  Workmen's Compensation Act, 1923. When a claim petition is dismissed for non-prosecution, the claimant can NOT file a fresh petition on the same cause of action without getting the original claim petition restored. Karnataka High Court.

  • 05-July-2021
  • Daksha Legal
• 

  Land acquisition. Mechanical and stereo type reasons cannot be regarded as adequate while considering objection to acquisition. Right to property being a human right, the landowner must be given proper notice and effective hearing. Karnataka High Court.

  • 09-July-2021
  • Daksha Legal
• 

  'Corruption hurts everyone. Corruption erodes trust of a common man in the system. Anti corruption law shall be invoked against persons, who by virtue of their office are discharging public duty'. Karnataka High Court.

  • 15-July-2021
  • Daksha Legal
• 

  Prevention of Corruption Act, 1988. Employee of Society, registered under the Societies Registration Act, which receives funds from Government, is a 'public servant' and liable for prosecution under the Act. Karnataka High Court.

  • 15-July-2021
  • Daksha Legal
• 

  Service Law. Report of the Internal Complaint Committee on sexual harassment in workplace can only be a basis for initiation of disciplinary proceedings. The report cannot be used to impose punishment of dismissal etc. Karnataka High Court.

  • 20-July-2021
  • Daksha Legal
• 

  Criminal Procedure code. Private complaint in respect of cognizable offences without first approaching the police is impermissible. Magistrate cannot take cognizance without an affidavit along with the complainant in this regard. Karnataka High Court.

  • 12-July-2021
  • Daksha Legal
• 

  Unconditional Bank Guarantee. Death of guarantor will not frustrate the contract of bank guarantee. Bank is bound to honor the bank guarantee and pay the amount. Karnataka High Court.

  • 13-July-2021
  • Daksha Legal
• 

  Karnataka Lokayukta Act, 1984. Section 7(2-A). When Lokayukta conducts inquiry and submits report to Government, it is NOT necessary to give opportunity of being heard to persons named in the report. Karnataka High Court.

  • 29-June-2021
  • Daksha Legal
• 

  Constitution of India. Article 227. In a proceeding relating to dismissal of application to condone delay in applying for setting aside exparte decree, the High Court can, in appropriate cases, set aside the exparte decree itself. Supreme Court.

  • 16-July-2021
  • Daksha Legal
• 

  Karnataka SC-ST (PTCL) Act, 1978. If the grantee converts the granted land for non agricultural purposes, it is no more a 'granted land under the Act' and hence prior permission to sell is NOT necessary. Karnataka High Court.

  • 05-July-2021
  • Daksha Legal