Judgements

Service Law. Single post by direct recruitment cannot be reserved in any manner. Even clubbing of all the vacancies in all the subjects and reserving a single post in a subject is impermissible. Case law discussed. Karnataka High Court.17 April 2021

17-April-2021

Daksha Legal
Criminal Law. Testimony of a witness who identified the accused for the first time in Court without knowing him before, and in the absence of any Test Identification Parade, would be valueless and unreliable. Karnataka High Court. 5 May 2021

05-May-2021

Daksha Legal
Arbitration and Conciliation Act 1996. Manner of deciding petition under Section 34 explained. Guidelines laid down. Karnataka High Court. 17 April 2021

17-April-2021

Daksha Legal
Eminent Domain and Police Power explained. By eminent domain State may take any property and appropriate for public purpose. By police power, State may regulate public health, morals, safety etc. Supreme Court. 15 September 1967

15-September-1967

Daksha Legal
Religious denomination explained. To be a religious denomination, it must be a collection of individuals with common faith, common organisation and designation of a distinctive name. Supreme Court. 30 July 2003

30-July-2003

Daksha Legal
Contract. Distinction between a Servant and an Agent explained. Supreme Court. 1 April 1954

01-April-1954

Daksha Legal
Trademark. Nandhini vs Nandini. Mere phonetic similarity would NOT amount to infringement of any sort when the nature and style of the business and the products are altogether different. Supreme Court. 26 July 2018

26-July-2018

Daksha Legal
Evidence Act, 1872. Section 92. Where a document is straightforward one and presents no difficulty in construing it, oral evidence regarding the language of the document can NOT be adduced. Supreme Court. 7 May 2021.

07-May-2021

Daksha Legal
Criminal Procedure Code. Discharge. Bar under section 397-2 will NOT apply to High Court or Sessions Judge since orders framing charges or refusing discharge are NOT interlocutory orders. Supreme Court. 7 May 2021

07-May-2021

Daksha Legal
POCSO. Apart from rendering justice to child victims, concomitant support service systems have also to be provided, as the child victim faces physical injury and psychological trauma. Karnataka High Court issues directions for system overhaul. 23:4:2021

23-April-2021

Daksha Legal
Motor Vehicles Act, 1988. Death of self employed person aged below 40 years. Proper mode of compensation is 40 percent addition to income towards future prospects and one-third deduction towards living expenses. Supreme Court. 7 May 2021.

07-May-2021

Daksha Legal
Criminal trial. Right of silence guaranteed under Article 20 of the Constitution is one of the facets of presumed innocence traceable to the Babylonian Code of Hammurabi and Roman principle of actori incumbit probatio. Supreme Court. 7 May 2021

07-May-2021

Daksha Legal

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