• 

  Insolvency and Bankruptcy Code, 2016. Section 18 of the Limitation Act regarding effect of acknowledgement in writing applies to proceedings under the IB Code. Supreme Court. 15 April 2021

  • 15-April-2021
  • Daksha Legal
• 

  Supreme Court severely deprecates practice of High Courts granting interim orders like “no coercive steps against accused” or “do not arrest accused” while dealing with writ petitions or petitions under Section 482 Cr.P.C. Lays down guidelines. 13:4:2021

  • 13-April-2021
  • Daksha Legal
• 

  Cr.P.C. Section 239. At the stage of considering discharge, law does not permit a mini trial. Test is if there is a ground to presume that offence has been committed and not whether a ground for conviction has been made out. Supreme Court. 13 April 2021

  • 13-April-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code, 2016. Even statutory dues to the Central Govt, State Govt and local authority, which are not part of resolution plan get extinguished. Supreme Court 13 April 2021

  • 13-April-2021
  • Daksha Legal
• 

  Cr.P.C. Section 482. If criminal colour is given to a civil dispute, Court can invoke Section 482. Merely because there is a civil dispute between parties, criminal prosecution cannot be quashed, if criminality is found in complaint. Kar HC. 9:4:2021

  • 09-April-2021
  • Daksha Legal
• 

  Consumer Protection Act. Driving under influence of alcohol or drugs. Insurer can repudiate claim even in the absence of scientific material, if it can establish a case for exclusion. Case law discussed. Supreme Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
• 

  Cr.P.C. Section 156(3). While passing pre-cognizance order, Magistrate has to apply his judicious mind and form an opinion that allegations in the complaint constitute an offence which requires an investigation. Karnataka High Court. 25 March 2021

  • 25-March-2021
  • Daksha Legal
• 

  Evidence Act. Section 65. A photocopy/Xerox copy of original document can be produced and marked as secondary evidence only on laying foundation for producing the same. Karnataka High Court. 28 June 2010

  • 28-June-2010
  • Daksha Legal
• 

  Evidence Act 1872. Date of birth. Horoscope is a very weak piece of evidence. Statement contained in the admission of register of schools is more authentic. Supreme Court. 14 March 2005

  • 14-March-2005
  • Daksha Legal
• 

  Partition. Property purchased in the name of minor is his absolute property unless there is evidence to show it was also joint family property- (see the Note). Karnataka High Court. 11 October 2007

  • 11-October-2007
  • Daksha Legal
• 

  Specific Relief Act. A suit for specific performance cannot be dismissed on sole ground of delay unless plaintiff is at fault for delay. Once suit is filed, any delay as a result of Court process cannot be put against plaintiff. Supreme Court. 9:4:2021

  • 09-April-2021
  • Daksha Legal
• 

  Compassionate appointment. Though civil death of an employee entitles dependents to claim compassionate appointment, the same is not a vested right that can be claimed after long lapse of time. Supreme Court. 9 April 2021

  • 09-April-2021
  • Daksha Legal