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  Cr.P.C. Sessions Judge has no power to transfer a case pending before Magistrate Court to Sessions Court under Section 408(1). Magistrate can invoke powers under Section 323 for committing the case to the Sessions Court. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Criminal Procedure Code. Magistrate taking cognizance of an offence on a police report under Section 190 summon any person not arraigned as an accused in the report on the basis of statement under Section 164. Supreme Court.

  • 16-March-2022
  • Daksha Legal
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  Enquiry Officer can be examined to prove contradictory statements of the prosecution witnesses. - Embargo under Section 172(3) Cr.P.C. cannot come into play to defeat valuable right of the defence. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Owner of land adjoining a highway is entitled to as a matter of private right access to such highway at any point at which his land actually touches it. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Divorce. Proof required to establish adultery need not necessarily be proof beyond a shadow of doubt. Proof by preponderance of probabilities would be sufficient. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Even if a judicial officer is guilty of negligence in not taking note of High Court order while granting bail, the same can NOT be construed as misconduct unless it is an illegal order for extraneous considerations. Supreme Court.

  • 16-March-2022
  • Daksha Legal
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  Interpretation of statutes. Introduction of new legislation by undertaking the exercise of reading down is impermissible when language of the rule is clear and unambiguous. Supreme Court.

  • 16-March-2022
  • Daksha Legal
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  ''High Courts are well within their domain in prescribing age limit for District Judge''. Supreme Court while upholding Delhi High Court rule requiring candidates to be at least 35 years of age.

  • 16-March-2022
  • Daksha Legal
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  Forgery of document produced before the Court when the same was in the custody of the Court. Magistrate cannot take congizance on the basis of a private complaint. Supreme Court.

  • 15-March-2022
  • Daksha Legal
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  Tahsildar has jurisdiction under Section 140(2) of the Karnataka Land Reforms Act to carry out survey work and fix boundaries even in respect lands falling within the limits of Corporation. Karnataka High Court.

  • 15-March-2022
  • Daksha Legal
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  Forgery of document produced before the Court. If the document was already tampered before its production before the Court, bar under Section 195(1)(b)(ii) for prosecution will not apply. Karnataka High Court.

  • 15-March-2022
  • Daksha Legal
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  ''We are dismayed as to how all of a sudden that too in the middle of the academic term the issue of hijab is generated and blown out of proportion by the powers that be.'' Karnataka High Court.

  • 15-March-2022
  • Daksha Legal