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  Arbitration and Conciliation Act. After appointment of an arbitrator under Section 11(6) it is impermissible for the Court in such disposed of proceedings to issue any further ancillary directions concerning the arbitration proceedings that have commenced pursuant to appointment of the arbitrator. Supreme Court.

  • 25-August-2025
  • Daksha Legal
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  A landlord can file a counter-claim for ejectment in a tenant's suit for a permanent injunction, as such a claim is maintainable under Order VIII Rule 6A of the Code of Civil Procedure. When the tenant admits to the termination of the tenancy and receipt of a valid quit notice, the court is justified in passing a decree for ejectment without requiring further evidence. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  Civil Procedure Code. A defendant who has merely adopted a written statement filed by another defendant cannot file an application to amend that written statement. The right to seek an amendment of a pleading lies with the person who originally filed it. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  Karnataka Lokayukta jurisdiction extends to probing misconduct in recruitment, even before formal appointment, as a ‘public servant’ includes anyone ‘who is or was at any time’, a government servant. Karnataka High Court.

  • 23-August-2025
  • Daksha Legal
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  A Second Appeal under Section 100, Code of Civil Procedure is not maintainable to challenge a part of a trial court's decree if that part was not contested by way of an appeal or a cross-objection before the first appellate court. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  A court is obligated to impound a document the moment it appears to be deficiently stamped. An agreement of sale that explicitly states delivery of possession is liable to be impounded for deficient stamp duty. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  Abetment to commit suicide. There must be a direct and proximate link between the accused's actions and the deceased's death. A clear mens rea (guilty mind) and an active, direct act intended to push the person to commit suicide are required. General allegations of torture in a death note, or words uttered in the heat of a moment, are not sufficient to prove abetment.

  • 22-August-2025
  • Daksha Legal
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  Income Tax Act. ‘Section 150 is not a passport to wander beyond limitation at will. Tribunal’s words ‘it may proceed in accordance with law’ cannot be transmuted into a licence to breach the barricade of limitation.’ Karnataka High Court quashes time-barred notices reopening the assessment.

  • 22-August-2025
  • Daksha Legal
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  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act does not provide a fresh cause of action in respect of the acquisitions of land that stand vested with the State. Any person in possession of the land after the same is vested with the State, is required to be treated as a trespasser. Karnataka High Court.

  • 22-August-2025
  • Daksha Legal
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  Order XXI Rule 22 of the Civil Procedure Code. An executing court is not required to issue a notice to a judgment debtor if the application for execution is filed within two years from the date of the decree. The executing court does not have the discretion to issue such a notice. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Preventive detention. When the detaining authority has correctly distinguished a 'public order' issue from a 'law and order' issue, and if all mandatory procedural requirements, such as supplying the detenue with all relied-upon documents, have been strictly complied with, the court will not substitute its own opinion for the subjective satisfaction of the detaining authority. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal
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  Commercial Courts Act. Disputes arising from the failure of a lessee to vacate premises used for commercial purposes, after the expiry of the lease term and despite service of notice under Section 106 of the Transfer of Property Act, fall within the jurisdiction of the commercial courts. Karnataka High Court.

  • 21-August-2025
  • Daksha Legal