• 

  In proceeding under Section 125 Cr.P.C, family Court must accept address provided in the petition supported by an affidavit. Technicality shall not defeat the purpose of the provision aimed at safeguarding wife and children. Karnataka High Court.

  • 19-July-2022
  • Daksha Legal
• 

  Setting the criminal law in motion for recovery of disputed money is not what criminal law should be used for as it would amount to misuse of criminal law as a shortcut to seek recovery of money. Karnataka High Court.

  • 18-July-2022
  • Daksha Legal
• 

  Drugs and Cosmetics Act. Serving Government analyst report on accused after expiration of drug’s shelf life deprives valuable right of the accused to get the drug re-analysed. Criminal proceedings are liable to be quashed Karnataka High.

  • 18-July-2022
  • Daksha Legal
• 

  Bar under Article 363 of the Constitution to enquire into disputes arising out of merger agreement or instrument of accession between Ruler of an Indian State and the Government applies even to Revenue proceedings. Karnataka High Court.

  • 18-July-2022
  • Daksha Legal
• 

  FIR lodged during pendency of civil suit between parties giving criminal texture to civil dispute and to wreak vengeance is liable to be quashed. Karnataka High Court.

  • 18-July-2022
  • Daksha Legal
• 

  Woman who willingly stayed with man cannot lodge rape case when relationship does not workout. Supreme Court

  • 16-July-2022
  • Daksha Legal
• 

  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