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  Cr.P.C. Section 200. Recording of sworn statement before taking cognizance is mandatory in cases other than complaints under Section 138 read with Section 145 Negotiable Instruments Act. Karnataka High Court. 15 February 2021

  • 15-February-2021
  • Daksha Legal
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  Hindu Succession Act. Amended Section 6. Plea of prior partition. Mere partition decree will not sever joint family status. Until final decree is passed and allottees of shares are put in possession - there is no partition. Karnataka High Court. 16:2:2021

  • 16-February-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code. Section 60. Arising out of and in relation to. Section cannot be invoked where termination of contract is on grounds unrelated to insolvency of corporate debtor and on ipso facto clause. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Statement under Section 313 Cr.P.C is not a substantive evidence. The accused who did not adduce any evidence to rebut the presumption cannot rely on the said statement. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 138. Test to prove prosecution case and burden on accused to rebut presumption is preponderance of probabilities and not beyond reasonable doubt. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal
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  Customs Act 1962. Where one officer exercises power of assessment power of re-assessment must also be exercised by him or his successor and not by another officer of another department though he is of same rank. Supreme Court. 9 March 2021

  • 09-March-2021
  • Daksha Legal
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  Criminal Procedure Code. Summoning of persons on frivolous complaints violates Article 21 of the Constitution. Magistrates should play important role in preventing abuse of Court process. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Cr.P.C. Filing private complaint when earlier FIR on the same incident is pending investigation is clear abuse of process of law. Proper course is to apply to the Magistrate under Section 155-2 for directions to the police. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Section 141 relating to the offence by companies cannot be made applicable to individuals even in case of a joint liability of two or more persons. Only the signatory to cheque is liable. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Even in case of a joint liability of individuals only that person who has drawn the cheque on an account maintained by him can be prosecuted. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Criminal trial. Multiple dying declarations. Each dying declaration has to be considered independently on its own merit as to its evidentiary value and one cannot be rejected because of the contents of the other. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  N.I.Act. Accused only a partner of the firm which issued cheque. Neither responsible for business conduct nor has power to open or operate bank account. Accused did not sign cheque. Proceedings liable to be quashed. Karnataka High Court. 11 Feb 2021

  • 11-February-2021
  • Daksha Legal