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  Presumption of innocence is a human right. Mere recovery of the tainted money, dehorse the circumstances under which it was found, is not sufficient for conviction under the PC Act when the substantive evidence is not proved. Karnataka High Court.

  • 10-August-2023
  • Daksha Legal
• 

  Though employee of a nationalised bank is “public servant’ under the PC Act, the analogy cannot be extended to the IPC and hence protection under Section 197 of the CrPC is not available. Supreme Court.

  • 10-August-2023
  • Daksha Legal
• 

  Karnataka High Court directs integration of Police IT with Road Accident Data Base, Forensic Laboratory Management System, Insurance Companies and Transport Department for the effective redressal of motor vehicle accident victims.

  • 10-August-2023
  • Daksha Legal
• 

  Election Petition without arraigning all the candidates to an election in an election petition where a declaration of the petitioner to be a returned candidate is sought for is liable to be dismissed. Karnataka High Court.

  • 09-August-2023
  • Daksha Legal
• 

  Application for Parole cannot be rejected merely because an appeal against conviction is pending. Karnataka High Court.

  • 09-August-2023
  • Daksha Legal
• 

  Grant of sanction u/s 197 Cr.P.C. is an administrative function and the presumption under Section 114(e) of the Indian Evidence Act that official acts have been performed regularly can be applied. Karnataka High Court.

  • 08-August-2023
  • Daksha Legal
• 

  Agreement of sale in violation of Section 61 of the Karnataka Land Reforms Act, 1961 is void and cannot be enforced. Karnataka High Court.

  • 08-August-2023
  • Daksha Legal
• 

  Registration of FIRs. Karnataka High Court directs DGP to issue Circular to all Station House Officers to follow directions issued in Lalita Kumari's case. Circular to indicate disciplinary proceedings in case of lapse.

  • 07-August-2023
  • Daksha Legal
• 

  A banker who answers description of State under Article 12 of the Constitution cannot act like a private lender. Abrupt stoppage of release of sanctioned loan is justiciable under Article 226 of the Constitution of India. Karnataka High Court.

  • 07-August-2023
  • Daksha Legal
• 

  When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.

  • 07-August-2023
  • Daksha Legal
• 

  Order under Section 143A of the N. I Act is not interlocutory but intermediate. Revision before the Sessions Court under Section 397 of the Cr.P.C. is maintainable. Karnataka High Court.

  • 05-August-2023
  • Daksha Legal
• 

  Section 227 Cr.P.C. Application seeking discharge in the midst of trial is not maintainable especially when the earlier application was withdrawn. Supreme Court.

  • 05-August-2023
  • Daksha Legal