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  Companies Act, 1956. Section 538. Official Liquidator can NOT launch criminal prosecution without obtaining sanction of the Company Court-Tribunal. Karnataka High Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal
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  Karnataka Municipalities Act. No confidence motion against President and Vice President. Ten days notice is only directory and NOT mandatory. Karnataka High Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Judgment of acquittal of co-accused in a criminal trial is NOT admissible under Sections 40 to 43 of the Evidence Act to bar subsequent trial of absconding co-accused. Proceedings can not be quashed on this ground. Kar HC. 24:3:2021

  • 24-March-2021
  • Daksha Legal
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  PML Act. Objective satisfaction of the Investigating-arresting officer about guilt of an offence under the Act is mandatory. The same is required to be reduced in writing prior to arrest, to be furnished to arrestee at the time of arrest. Kar HC. 16:3:21

  • 16-March-2021
  • Daksha Legal
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  Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. Karnataka High Court.

  • 20-January-2023
  • Daksha Legal
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  Advocates Act, 1961. State Bar Council has power of interim suspension of an Advocate pending disposal of disciplinary proceedings for misconduct. Madras High Court. 21 November 2013

  • 21-November-2013
  • Daksha Legal
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  Fraud. A judgment, decree or order obtained by fraud on court is a nullity in the eye of the law. Such a judgment by the first court or by the final court has to be treated as nullity by every court in any proceedings. Supreme Court. 7 March 2007

  • 07-March-2007
  • Daksha Legal
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  Decree obtained by fraud. Even a judgment and decree affirmed by the apex Court of the country can be declared void by the trial Court if it is proved that the same was obtained by practicing fraud upon Court. Supreme Court of Bangladesh. 24 Nov 2020

  • 24-November-2020
  • Daksha Legal
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  Agreement of sale. Signature verification by forensic expert. Although Court is expert of the experts, still it has some inherent constraints and court can get expert opinion. Karnataka High Court. 31 March 2021

  • 31-March-2021
  • Daksha Legal
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  Motor Vehicles Act. Onus of establishing the accident is completely on the Insurance Company which is required to gather full information of the accident and confirm the same to the Tribunal. Karnataka High Court. 25 March 2021

  • 25-March-2021
  • Daksha Legal
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  Motor Vehicles Act, 1988. Death of employee. Amount received by dependents under group insurance scheme is NOT a pecuniary advantage and can NOT be deducted from the MVC compensation. Karnataka High Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Though a transaction is civil in nature, if the complaint specifically avers dishonest and fraudulent acts inducing complainant to part with money, the criminal proceedings can NOT be quashed. Karnataka High Court.

  • 20-January-2023
  • Daksha Legal