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  Obtaining power of attorney from property owner and selling the property to third party does not by itself amount to cheating unless obtaining the power of attorney was with an intention to deceive the owner. Karnataka High Court.

  • 16-July-2022
  • Daksha Legal
• 

  Dowry Death. Court cannot apply the parameters of murder under Section 302 IPC. Evidence must be appreciated keeping in mind the requirements of Section 304B and 498A. Supreme Court.

  • 16-July-2022
  • Daksha Legal
• 

  Habeas Corpus relating to custody of the minors. Jurisdiction of the Court is independent of any statute and is based on inherent equitable powers acting as parens patriae for the protection of its minor ward. Supreme Court.

  • 16-July-2022
  • Daksha Legal
• 

  Opinion of the authority under the phrases ‘is satisfied’ or ‘is of the opinion’ or ‘if it has reason to believe’ or ‘if it considered necessary’ when can be considered as conclusive. Supreme Court explains.

  • 18-July-2022
  • Daksha Legal
• 

  Person in possession of property based on sale deed executed by judgment debtor cannot be straightaway dispossessed without following the procedure under Order 21 Rule 97 CPC. Delhi High Court.

  • 16-July-2022
  • Daksha Legal
• 

  Mere inducement to invest in money doubling scheme in the absence of dishonest intention to cheat the investor from the inception does not constitute either cheating or criminal breach of trust. Karnataka High Court.

  • 15-July-2022
  • Daksha Legal
• 

  Income Tax Act. Sufficiency or inadequacy of the reasons cannot be gone into while considering the validity of an act of authorization to conduct search and seizure except on the ground of the Wednesbury Principle of Reasonableness. Supreme Court.

  • 15-July-2022
  • Daksha Legal
• 

  Though litigation is not gambling yet there is an element of chance in every litigation. Time spent during litigation can be excluded in some cases even in the absence of any interim order. Supreme Court.

  • 15-July-2022
  • Daksha Legal
• 

  Specific Relief Act. Payment of an insignificant advance amount as against considerable sale price, will not entitle purchaser to discretionary equitable relief of specific performance. Supreme Court.

  • 14-July-2022
  • Daksha Legal
• 

  Specific Relief Act. Readiness. Fact that limitation is three years does not mean that purchaser can wait till the end of limitation to file a suit for specific performance. Supreme Court.

  • 15-July-2022
  • Daksha Legal
• 

  Existence of debt and default by Corporate Debtor in payment of the debt would not automatically result in admission of the petition by the NCLT under Section 7 of the IBC. Supreme Court.

  • 14-July-2022
  • Daksha Legal
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  Plaintiff cannot be permitted to join any party as a defendant who may not be necessary and/or proper parties at all on the ground that the plaintiffs is the dominus litus. Supreme Court.

  • 15-July-2022
  • Daksha Legal