• 

  Though ordinarily, a later enactment may not be a safe external aid for interpreting the preceding enactment, a series of legislative exercises towards the same subject can be referred to while construing the earlier legislation. Supreme Court.

  • 29-July-2022
  • Daksha Legal
• 

  SARFAESI Act. Taking possession of secured asset under Section 14 does not involve an adjudicatory process. District Magistrate and the Chief Metropolitan Magistrate not a persona designate. Supreme Court.

  • 30-July-2022
  • Daksha Legal
• 

  SC/ST(Prevention of Atrocities) Act,1989. Victim need not be physically present when he accesses the offensive content already uploaded to the internet. The victim of the abuse can be deemed to be present each time he accesses it online.Kerala High Court

  • 30-July-2022
  • Daksha Legal
• 

  Lapse of scheme under the BDA Act. Dismissal of earlier writ petition for want of particulars does not preclude fresh writ petition with additional material/grounds. Karnataka High Court.

  • 29-July-2022
  • Daksha Legal
• 

  Fee Revision Committee being quasi-judicial authority must hear the school managements before passing orders revising the fee structure in the private educational institutions. Gujarat High Court.

  • 29-July-2022
  • Daksha Legal
• 

  Service Law. Wherever horizontal reservation of eligible candidates are not found, it is the duty of the authorities concerned to then have a vertical reservation. Karnataka High Court.

  • 30-July-2022
  • Daksha Legal
• 

  Trademark. Where the infringing product is visually and phonetically similar having same consumer base, the test in such a matter is not that of absolute confusion. Even likelihood of confusion is sufficient. Delhi High Court.

  • 28-July-2022
  • Daksha Legal
• 

  Repugnancy may arise between two enactments even though obedience to each of them is possible without disobeying the other. Test of two legislations containing contradictory provisions cannot be the determining criterion. Supreme Court.

  • 28-July-2022
  • Daksha Legal
• 

  'In the matter of grant of exemptions in tax matters, latitude has to be given to the decision making'. Supreme Court while upholding denial of Service Tax exemption to Haj Group Organizers/Private Tour Operators.

  • 28-July-2022
  • Daksha Legal
• 

  ‘’ACB blissfully ignored the ABC of procedure’’. Karnataka High Court quashes criminal proceedings initiated pursuant to casual act of drawing up source information report, registering FIR and conducting the search by the Anti Corruption Bureau.

  • 27-July-2022
  • Daksha Legal
• 

  Unlike matrimonial proceedings where strict proof of marriage is essential, in proceedings under Section 125 Cr.P.C strict standard of proof is not necessary when a man and woman cohabit continuously for a number of years. Supreme Court.

  • 28-July-2022
  • Daksha Legal
• 

  Contempt jurisdiction is aimed at maintaining the Court’s dignity and majesty of law. Simply because High Court order is executable, the same cannot be ground not to exercise contempt jurisdiction. Supreme Court.

  • 27-July-2022
  • Daksha Legal