• 

  Capital punishment which is not executed within a reasonable time, loses its importance as a deterrence. Government must reconsider the provision of death penalty as a mode of punishment as deterrence. Madhya Pradesh High Court.

  • 18-June-2022
  • Daksha Legal
• 

  Parties to suit. If, for the adjudication of the “real controversy” between the parties on record, the presence of a third party is necessary, then he can be impleaded. Delhi High Court.

  • 20-June-2022
  • Daksha Legal
• 

  Territorial jurisdiction to try criminal cases. A completed act concerning one offence in one place cannot be connected with other acts leading to other offences in a different place unless the first offence is a continuing one. Supreme Court.

  • 18-June-2022
  • Daksha Legal
• 

  Principles of estoppel and acquiescence will not prevail over statutory rules. Supreme Court reiterates.

  • 18-June-2022
  • Daksha Legal
• 

  Assignment of copyright in the work to make sound recording which does not form part of any cinematograph film does not affect author's right to claim equal share of royalty. Supreme Court.

  • 22-June-2022
  • Daksha Legal
• 

  Hyper technical approach should not be adopted when evidence is adduced on behalf of the accused in support of the plea that he was a juvenile. Kerala High Court.

  • 22-June-2022
  • Daksha Legal
• 

  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