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Judgements
Employee of Karnataka Milk Federation is 'public servant' under the Prevention of Corruption Act, 1998. Karnataka High Court upholds criminal prosecution against General Manager of Nandini Milk Products.
08-August-2022
Daksha Legal
Kerala Municipality Act 1994. Building owned by charitable institutions are not entitled to exemption even if the entire income from the buildings is used for charitable purposes. Kerala High Court.
10-August-2022
Daksha Legal
Sale of software in CD/DVD format is a sale of goods and once sales tax has been paid on the sale consideration, service tax can’t be levied on the same transaction on the ground that updates are being provided to the customer. Supreme Court.
08-August-2022
Daksha Legal
Section 7(5)(b) of the IBC of notifying Financial Creditor before rejection of a claim applies even to appeals. NCLAT cannot close CIRP proceedings without giving Financial Creditor opportunity to explain the delay in approaching the NCLT. Supreme Court.
08-August-2022
Daksha Legal
Initiating frivolous criminal actions against large corporations would give rise to adverse economic consequences for the country in the long run. Supreme Court urges SEBI to be cautious in initiating such actions.
09-August-2022
Daksha Legal
When plausible version of accused¬ in his Section 313 statement is not satisfactorily responded to by the prosecution, case against the accused¬ cannot be sustained. Supreme Court.
05-August-2022
Daksha Legal
Persons who had ceased to be directors of company cannot be arrayed as accused in proceedings under the NI Act in respect of cheque issued by the Company. Karnataka High Court reiterates.
08-August-2022
Daksha Legal
Re-determination of property tax by the Corporation under the KMC Act without prior consultation with Property Tax Board is impermissible. Karnataka High Court.
08-August-2022
Daksha Legal
Compensation towards tortious acts of State entities. Concurrent remedy no bar to exercise writ jurisdiction. Karnataka High Court awards compensation of Rs. 1.19 Crore for death and injury due to electrocution.
08-August-2022
Daksha Legal
Company need not be arrayed as an accused for initiating criminal proceedings under the Factories Act 1948. Karnataka High Court.
10-August-2022
Daksha Legal
Sale of explosive substance being 'res extra commercium' like the liquor, poison, etc., no citizen can claim an unrestricted fundamental right. Karnataka High Court.
05-August-2022
Daksha Legal
Ratification presupposes knowledge of the act sought to be ratified. Assignment of tenancy by tenant cannot be said to be ratified if the assignment is not within the knowledge of the landlord. Supreme Court.
10-August-2022
Daksha Legal
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