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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Supreme Court Allows Workmen's Appeal; Holds That Individual Dispute Became Industrial Dispute Due to Union Espousal. Dispute Over Classification as Proofreaders Transformed by Delhi Union of Journalists' Espousal, Meeting Test Under Sections 2(k) And 10 of Industrial Disputes Act, 1947.

The dispute originated when two workmen, Gulab Singh and Satya Pal, employed by Indian Express (P) Ltd. as copy holders since 1955 and 1956, alleged t...

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Supreme Court Upholds Election of Successful Candidate in Office of Profit Disqualification Case Under Article 191(1)(a). Employee of Government Company Not Disqualified Because He Does Not Hold Office Directly Under State Government.

This appeal before the Supreme Court arose from an election petition filed by the appellant, an unsuccessful candidate for the Mysore Legislative Asse...