M/s. Serve and Volley Outdoor Advertising Pvt Ltd. vs Bruhat Bengaluru Mahanagara Palike and another. Miscellaneous First Appeal 4502/2020 (AA) decided on 8 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357722/1/MFA4502-20-08-01-2021.pdf Relevant Paragraphs: 15….Hence, the question in the instant case is, whether Section 474 of the KMC Act, which is a special law prescribes a different period of …
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Arbitration and Conciliation Act, 1996. The civil aspect of fraud as defined by Section 17 of the Indian Contract Act can be adjudicated by an arbitral tribunal. Supreme Court.
M/s. N.N. Global Mercantile Pvt Ltd vs M/s. Indo Unique Flame Lted & others. Civil Appeal 3802 – 3803 /2020. Decided on 11 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2020/23926/23926_2020_38_1502_25365_Judgement_11-Jan-2021.pdf 8 Whether the fraudulent invocation of the Bank Guarantee is arbitrable?8.11 Traditionally, disputes relating to rights in rem are required to beadjudicated by courts and / or …
Whether non-payment of stamp duty on the commercial contract would invalidate the arbitration agreement? Matter referred to larger bench. Supreme Court.
M/s. N.N. Global Mercantile Pvt Ltd. vs M/s. Indo Unique Flame Ltd. & Others. Civil Appeal 3802 – 3803 / 2020 decided on 11 January 2021. Justice Dr Dhananjaya Y Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee Judgment Link: https://main.sci.gov.in/supremecourt/2020/23926/23926_2020_38_1502_25365_Judgement_11-Jan-2021.pdf 12. We are of the considered view that the finding in SMS Tea Estates …
Consumer Protection Act. One sided agreement by developer constitutes ‘unfair trade practice’. The Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer‘s Agreement. Supreme Court.
Ireo Grace Realtech Pvt Ltd vs Abhishek Khanna & others. Civil Appeal 5785 of 2019 decided on 11 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2019/23235/23235_2019_38_1501_25365_Judgement_11-Jan-2021.pdf Held: 19.2 The aforesaid clauses reflect the wholly one-sided terms of the Apartment Buyer‘s Agreement, which are entirely loaded in favour of the Developer, and against the allottee at every step. The …
“The difficulties of a litigant in India begin when he has obtained Decree”. Karnataka High Court quotes Privy Council while affirming restoration of property to Decree Holder. Castigates the Judgment Debtor for trying to frustrate the decree.
A. Ananda vs A Krishna Reddy and others. Writ Petition 13456/2020 decided on 7 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357576/1/WP13456-20-07-01-2021.pdf Relevant paragraphs: 4-F. The unconscionable stand of the JDrs needs to be mentioned here; when there was no dispute as to the identity of the property either in the suit or in the RFA, the JDrs …
Mega E-Lok Adalat conducted by the Karnataka State Legal Services Authority and High Court Legal Services Committee disposes 2,63,215 cases in a single day with settlement amount of more than Rs. 702 Crores.
In perhaps one of the biggest Lok Adalats, the E Lok Adalat held by the Karnataka State Legal Services Authority on 19 December 2020 disposed 16325 pre-litigation and 2,46,890 pending cases. The total settlement amount in pre-litigation cases is Rs. 56,25,04,956/- and in pending cases Rs. 645,91,19,971/- totaling Rs.702,16,24,927/-. It is to be noted that …
Mandatory Injunction. Party seeking relief must establish much more than mere prima facie case. Supreme Court.
Tek Singh v. Shashi Verma, (2019) 16 SCC 678 FULL JUDGMENT: ROHINTON FALI NARIMAN, J.— Leave granted. Respondent 1 filed a civil suit dated 5-3-2013 before the Civil Judge, Senior Division, Solan under Section 6 of the Specific Relief Act in which the following reliefs were claimed:“(a) Declaring that the effect the plaintiff was running …
Copyright. In cases of infringement of copyright, normally an injunction must follow. Mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. Supreme Court.
Midas Hygiene Industries (P) Ltd. v. Sudhir Bhatia, (2004) 3 SCC 90 Full Judgment: IN THE SUPREME COURT OF INDIABEFORE S.N. VARIAVA AND H.K. SEMA, JJ.)MIDAS HYGIENE INDUSTRIES (P) LTD. AND ANOTHER- Appellants;VersusSUDHIR BHATIA AND OTHERS – Respondents.Civil Appeal No. 107 of 2002, decided on January 22, 2004 This appeal is against the judgment of …
Service Law. A Government Corporation cannot entrust departmental enquiry to Lokayukta unless it adopts Karnataka Civil Services (Classification, Control and Appeal) Rules. Karnataka High Court.
G.B.Devaraj and others vs State of Karnataka and others. Writ Petition 8374/2019 decided on 11 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356867/1/WP8374-19-11-12-2020.pdf Relevant paragraphs: 16. The Conduct Rules of the State defines and regulates the conduct of a Government servant which is hedged by certain conditions with regard to conduct or otherwise and what would amount to …
Easements Act, 1882. Easement of necessity in relation to a pathway. It should be an absolute necessity. If there exits any other way, there can be no easement of necessity. Supreme Court.
Sree Swayam Prakash Ashramam vs G. Anandavally Amma. Civil Appeal No. 7 of 2010, decided on January 5, 2010. Reported in (2010) 2 SCC 689. Full Judgment in PDF form. See paragraph 33. Compiled by S. Basavaraj, Advocate, Daksha Legal. Photo courtesy LiveLaw.
Daksha Legal 