• 

  Mens rea is not an essential element for imposing penalty or damages for failure to deposit contribution under the Employees Provident Fund & Miscellaneous Provisions Act. Supreme Court reiterates.

  • 23-February-2022
  • Daksha Legal
• 

  "Rash and negligent driving does not always equate to over-speeding. Even though one may be driving within the speed limit, it is conceivable that one may still be driving rashly and negligently." Allahabad High Court.

  • 23-February-2022
  • Daksha Legal
• 

  Consumer Protection Act, 1986. Person availing overdraft facility from Bank for day-­to-­day share and stock transactions is not a 'Consumer' since such activity is commercial in nature. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Negotiable Instruments Act. When a company is the payee of the cheque, complainant on behalf the Company can be filed by any authorised employee. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Pharmaceutical companies cannot claim tax benefit for providing freebies to doctors since such action falls within the purview of “prohibited by law”. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Courts in India can enforce foreign arbitration award if property of respondent is situated in India though award is passed outside India and parties are incorporated outside India. Karnataka High Court.

  • 21-February-2022
  • Daksha Legal
• 

  Evidence Act. There is no need to examine the scribe of Will. What law requires is examination of atleast on attesting witness. Gujarat High Court.

  • 21-February-2022
  • Daksha Legal
• 

  Right to freedom of expression does not grant unfettered license for every possible use of language on social media. Government to take steps to eradicate such devastating menace. Allahabad High Court.

  • 21-February-2022
  • Daksha Legal
• 

  ''Hereafter send all Government communications to citizens only by registered post acknowledgement due''. Karnataka High Court directs the State Government.

  • 21-February-2022
  • Daksha Legal
• 

  The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the Prevention of Corruption Act. Supreme Court reiterates.

  • 21-February-2022
  • Daksha Legal
• 

  Suit for partition. Appellate court can grant relief even to non-appealing parties/plaintiffs since a defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant. Supreme Court.

  • 21-February-2022
  • Daksha Legal
• 

  Writ petition seeking monetary relief in contractual matters is maintainable against the State where the amount is admitted and no disputed question of fact requiring adjudication of the terms of the contract involved. Allahabad High Court.

  • 20-February-2022
  • Daksha Legal