• 

  Where defendant alleges that court has no jurisdiction to try the case, issue should be tried as preliminary issue and if court finds that it has no jurisdiction, plaintiff can proceed litigation in the proper court. Kerala High Court.

  • 21-June-2022
  • Daksha Legal
• 

  Mere possession of liquor, without the knowledge on the part of the possessor that the bottles were unlawfully imported, transported, manufactured, duty-escaped does not constitute offence under the Excise Laws. Karnataka High Court.

  • 17-June-2022
  • Daksha Legal
• 

  Pure official communication between two people does not amount to ‘publication’ within the meaning of Section 499 IPC to constitute the offence of defamation. Karnataka High Court.

  • 17-June-2022
  • Daksha Legal
• 

  Definition of 'resident' under the Income Tax Act is for the purpose of including persons in the tax net and has no application for determining Citizenship. Rajasthan High Court.

  • 20-June-2022
  • Daksha Legal
• 

  Parties cannot claim refund of Court fee on mere reference of dispute to mediation or arbitration unless the dispute is settled after such reference. Kerala High Court.

  • 20-June-2022
  • Daksha Legal
• 

  Proceedings before the mediator are confidential and cannot be relied on by Courts in deciding cases on merits. Karnataka High Court.

  • 15-June-2022
  • Daksha Legal
• 

  False allegation of impotency by wife would cause mental disharmony to husband and amounts to mental cruelty, which would enable the husband to seek divorce on the ground of cruelty. Karnataka High Court.

  • 15-June-2022
  • Daksha Legal
• 

  Criminal proceedings against public servant for defamation cannot be initiated without prior sanction under Section 197 of the Cr.P.C. Karnataka High Court.

  • 16-June-2022
  • Daksha Legal
• 

  Annulment of marriage does not give right to husband to retain articles of the wife carried by her to the matrimonial house. Karnataka High Court.

  • 16-June-2022
  • Daksha Legal
• 

  No arrest or police action against accused in 498A, IPC cases for the “Cooling-Period” of two months from the lodging of the FIR or the complaint. Allahabad High Court.

  • 15-June-2022
  • Daksha Legal
• 

  Author of a tender document is the best judge of its requirements and that constitutional Courts must defer to this understanding. Delhi High Court.

  • 16-June-2022
  • Daksha Legal
• 

  Once a preliminary decree is passed by the Trial Court, the court should proceed with the case for drawing up the final decree suo motu without adjourning the matter sine die. Supreme Court.

  • 14-June-2022
  • Daksha Legal