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  Labour Law. While dealing with the prayer of back wages, factual scenario and the principles of justice, equity and good conscience have to be kept in view by an appropriate court. Supreme Court.

  • 25-June-2022
  • Daksha Legal
• 

  Bank cannot retain title documents after repayment of loan merely because another loan is pending repayment. Bombay High Court

  • 24-June-2022
  • Daksha Legal
• 

  When violation of principles of natural justice is alleged, even if an alternative remedy is available, a writ petition is maintainable. Supreme Court.

  • 24-June-2022
  • Daksha Legal
• 

  Anti-defection law will not apply to a split in a Political Party constituting 2/3rd Legislators since it amounts to 'deemed merger' under paragraph 4 of Tenth Schedule to the Constitution. Bombay High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Partnership. New person coming in as partner is not entitled to the fruits of a decree obtained by the persons who were partners at the time of the accrual of the cause of action. Kerala High Court.

  • 24-June-2022
  • Daksha Legal
• 

  Accused need not prove the existence of private self-defence beyond reasonable doubt. It would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. Supreme Court.

  • 23-June-2022
  • Daksha Legal
• 

  Wife visiting her parents’ house frequently without taking husband’s consent does not amount to desertion or cruelty. Allahabad High Court

  • 23-June-2022
  • Daksha Legal
• 

  All the offences under the Negotiable Instruments Act are compoundable and the parties can compound subject to payment of graded cost. Karnataka High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Mere custody of firearm without awareness of the nature of such possession cannot fall within the ambit of sections 3 and 25 of the Arms Act, 1959. Bombay High Court

  • 24-June-2022
  • Daksha Legal
• 

  To constitute offence under the SC /ST (Prevention of Atrocities) Act, hurling of abuse must be in in a public place or in a place of public view. Karnataka High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Causing death by negligence. Section 304A, IPC. Architect who designed the house cannot be prosecuted for death of construction worker in on-site accident. Karnataka High Court.

  • 21-June-2022
  • Daksha Legal
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  Dispute arising out of agreements relating to property used exclusively in trade and commerce would constitute a commercial dispute. Gujarat High Court.

  • 21-June-2022
  • Daksha Legal