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Judgements
N.I.Act. Where there are clear averments in statutory notice and complaint about the role of the directors and their responsibility, proceedings cannot be quashed merely on the plea that they had no direct role in the transaction. Karnataka High Court.
14-November-2022
Daksha Legal
Land acquisition. When no further developmental activity of the acquired land is required, deduction of compensation towards the developmental activities is not permissible. Supreme Court.
10-November-2022
Daksha Legal
Insurer cannot deny liability relying on exclusion clause when the insurer received premium even for the excluded place (basement). Supreme Court.
15-November-2022
Daksha Legal
Freezing of bank account. Account holder whose account is frozen or de-frozen for transferring the amount to third parties must be notified and heard before orders are passed under Sections 451 and 457 of the Cr.P.C. Karnataka High Court.
15-November-2022
Daksha Legal
“Merely because the victim is the same, it cannot be said that only one crime should have been registered.” Karnataka High Court approves registration of separate FIRs for minor's rape by several accused.
11-November-2022
Daksha Legal
Cheque issued towards refund of failed marriage expenses constitutes enforceable debt under Section 138 of the N.I. Act and the same is not hit by Section 23 of the Contract Act. Karnataka High Court.
15-November-2022
Daksha Legal
Tender. Judicial review is restricted only to decision making process and not the decision itself unless the process is vitiated by bias, malafides, arbitrariness and irrationality. Karnataka High Court.
16-November-2022
Daksha Legal
Pension is not a bounty or a gratis that is granted to pensioner or his spouse. Karnataka High Court orders redeposit of pension amount withheld towards excess payment with liberty to recover excess payment in instalments.
16-November-2022
Daksha Legal
Property Tax. Determination of capital value can be done only on the basis of the present usage and not on the basis of the future prospects of the land. Supreme Court.
10-November-2022
Daksha Legal
Insecticides Act, 1968. Criminal proceedings cannot be initiated only against director of company without arraying the company as accused. Karnataka High Court.
09-November-2022
Daksha Legal
Essential Commodities Act, 1955. Criminal proceedings cannot be initiated only against manager of company without arraying the company as accused. Karnataka High Court.
10-November-2022
Daksha Legal
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
09-November-2022
Daksha Legal
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