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  Once it is established that the seized poppy straw tests positive for the contents of morphine and meconic acid, no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the NDPS Act. Supreme Court.

  • 26-October-2022
  • Daksha Legal
• 

  Interpretation of statutes. Courts can look at the previous history of the statute, and the changes it underwent to discern what is intended by the lawmakers when an amendment is introduced, or a new law enacted. Supreme Court.

  • 25-October-2022
  • Daksha Legal
• 

  Cheque bounce case. Payment of interim compensation applies only in respect of offences committed after Section 143(A) of N.I.Act came into force in the statutory book. Karnataka High Court.

  • 20-October-2022
  • Daksha Legal
• 

  If the predominant object of an educational institution is not profit, but advancement of general public utility, that some profits were earned would not debar it from claiming to be a charitable organization. Supreme Court.

  • 21-October-2022
  • Daksha Legal
• 

  Commercial Courts can deal with applications under Section 9, 14 and 34 of the Arbitration and Conciliation Act, 1996 though they are subordinate to Principal Civil Judge. Supreme Court.

  • 21-October-2022
  • Daksha Legal
• 

  Income Tax exemption to educational institutions. The institution must engage itself in education or educational activities, and not engage in any activity of profit. Such institutions cannot have objects which are unrelated to education. Supreme Court.

  • 21-October-2022
  • Daksha Legal
• 

  Gratuity is paid to safeguard financial security of a person at the time of retirement. Bank cannot adjust gratuity amount payable to its employee towards outstanding loan account. Karnataka High Court.

  • 21-October-2022
  • Daksha Legal
• 

  An FIR under Section 306, IPC cannot be quashed on the basis of financial settlement with the informant, surviving spouse, parents, children, guardians, care-givers or anyone else. Supreme Court.

  • 20-October-2022
  • Daksha Legal
• 

  Limitation to apply for cancellation of khata under Section 114A of the Karnataka Municipal Corporations Act is three years from the date of the order and not from the date of knowledge of the order. Karnataka High Court.

  • 19-October-2022
  • Daksha Legal
• 

  Trademarks Act. Names of Holy Books such as Quran, Bible, Guru Granth Sahib, Ramayan cannot be claimed as a trade mark for goods or services. Supreme Court.

  • 28-October-2022
  • Daksha Legal
• 

  Karnataka High Court deprecates speculative litigation by colleges harming educational prospects of the students. Imposes exemplary costs.

  • 22-October-2022
  • Daksha Legal
• 

  Termination of an employee without following the procedure does not amount criminal breach of trust or cheating. Karnataka High Court.

  • 25-October-2022
  • Daksha Legal