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  Indian citizen committing crime outside India can be dealt with as if he committed crime in India. Sanction under Section 188 Cr.P.C. is not a condition precedent. Supreme Court. 2 September 2011

  • 02-September-2011
  • Daksha Legal
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  Arbitration. Individual party to arbitration agreement a national of or habitually resident in any country other than India - Arbitration becomes an international commercial arbitration though business is done in India. Supreme Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  Service Law. Proportionality in punishment. Anyone can make mistakes. The consequences of mistakes should not be unduly harsh. Supreme Court. 4 March 2021.

  • 04-March-2021
  • Daksha Legal
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  Cr.P.C. Section 311. Power to summon material witness or examine person present. Power has to be exercised judiciously for strong and valid reasons with caution to meet the ends of justice. Supreme Court. 4 March 2021

  • 04-March-2021
  • Daksha Legal
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  Recruitment process. Where entire process is found to be flawed and seriously impinges upon legitimacy of examinations - its cancellation is justified though it causes hardship to few who are not involved in wrong doing. Supreme Court 3 March 2021

  • 03-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act 1996. Period of limitation for filing application under Section 34 commences from the date on which the party making the application has received a signed copy of the arbitral award. Supreme Court. 2 March 2021

  • 02-March-2021
  • Daksha Legal
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  Arbitration and Conciliation Act. Proceedings under Section 34 cannot be initiated or proceeded against corporate debtor during moratorium period under Section 14 of the Insolvency and Bankruptcy Code. Supreme Court 1 March 2021

  • 01-March-2021
  • Daksha Legal
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  Income Tax Act. Amounts paid by resident Indian end users to non resident computer software manufacturers for computer software is not royalty for copyright in the software. Amount does not give rise to income taxable in India. Supreme Court 2 March 2021

  • 02-March-2021
  • Daksha Legal
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  Building Tax on Educational Institutions. Residential accommodations for nuns and hostels attached to institutions are also exempted. Supreme Court. 1 March 2021.

  • 01-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Proceedings under Sections 138 and 141 cannot be initiated against Corporate debtor during the moratorium period under Section 14 of the Insolvency and Bankruptcy Code. Supreme Court. 1 March 2021.

  • 01-March-2021
  • Daksha Legal
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  Cr.P.C. Section 210. Merely because on the same facts earlier the complaint is filed and is pending there is no bar to lodge the Police FIR with the same allegations unless the subsequent FIR is filed only to harass the accused. Supreme Court. 1:3:2021

  • 01-March-2021
  • Daksha Legal
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  Cr.P.C. Section 482. Fraud. When the complaint does not disclose fraudulent or dishonest inducement which is an essential ingredient to constitute an offence under Section 420 IPC the proceedings are liable to be quashed. Supreme Court. 1 March 2021

  • 01-March-2021
  • Daksha Legal