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  Doctrine of res ipsa loquitur does not strictly apply to criminal cases. Supreme Court.

  • 17-May-2022
  • Daksha Legal
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  National Commission's order in an appeal under Section 58 (1)(a)(iii) of the 2019 Act can be questioned in a writ petition before the High Court under Article 227. Supreme Court.

  • 17-May-2022
  • Daksha Legal
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  Karnataka High Court condones the delay of 20 years in seeking resumption of granted and later tenanted lands under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

  • 15-May-2022
  • Daksha Legal
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  Literal meaning of ‘residence’, by requiring actual physical presence every day and every moment is not correct with rapid advancement of the means of communication and transport. US Green Card holder is also a 'resident of India’. Supreme Court.

  • 14-May-2022
  • Daksha Legal
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  Land acquisition. Supreme Court approves High Court Judgement which invalidated invocation of urgency clause under 1894 Act and the direction to pay compensation under 2013 Act.

  • 15-May-2022
  • Daksha Legal
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  Cheque bounce cases. A person cannot be convicted merely because he is a partner of the firm which had taken the loan or that he stood as a guarantor for such loan. Supreme Court.

  • 12-May-2022
  • Daksha Legal
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  Appellate Court cannot decide criminal appeal before it by taking into account evidence recorded in another case even though it might be a cross-case or a counter case. Karnataka High Court issues exhaustive guidelines.

  • 11-May-2022
  • Daksha Legal
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  Convict under POCSO Act is entitled for parole as discretion has been vested in the Competent Authority to grant parole to such a convict under “special circumstances”. Delhi High Court.

  • 12-May-2022
  • Daksha Legal
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  Rajakaluve, Nala, village path etc shown in village map can not be insisted or relied upon if the same are not shown in the Master Plan prepared and published under the KTCP Act. Karnataka High Court.

  • 09-May-2022
  • Daksha Legal
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  Criminal proceeding against Notary Public in respect of their official work without prior permission of the Central Government or the State Government is impermissible and is liable to be quashed. Karnataka High Court.

  • 10-May-2022
  • Daksha Legal
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  POCSO Act. Courts cannot impose lesser sentence than the one prescribed under the Act either before or after the amendment. Karnataka High Court.

  • 11-May-2022
  • Daksha Legal
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  Res judicata is a a mixed question of law and fact depending upon the pleadings of the parties, the parties to the suit etc. Trial courts cannot frame preliminary issue on res judicata to dispose suit. Supreme Court.

  • 08-May-2022
  • Daksha Legal