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  Criminal Procedure Code. Section 378. Power of power of scrutiny exercisable by the High Court should not be routinely invoked where the view formed by the trial court was a possible view. Supreme Court reiterates. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  Criminal Procedure Code. Discharge is a valuable right provided to the accused. Courts, while considering discharge application should not act as mere post office and must prevent abuse of process. Supreme Court. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  Supreme Court terms Madras High Court murder remark on Election Commission as harsh and inappropriate. Emphasizes need for judges to exercise caution in off-the-cuff remarks in open court. 6 May 2021

  • 06-May-2021
  • Daksha Legal
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  Civil Procedure Code. A case not specifically pleaded can be considered by the Court where pleadings in substance make out a particular case and the issues framed, evidence led also generally cover the question involved. Kar HC. 6:5:2021

  • 06-May-2021
  • Daksha Legal
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  Without Prejudice in correspondences is part of public policy to encourage negotiated settlement of disputes. Its applicability is limited to pre-litigation stage and does not cover pleadings before court. Karnataka High Court. 6 May 2021

  • 06-May-2021
  • Daksha Legal
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  Supreme Court judgment on Maratha Reservation analysed. Dr. Jaishri Laxmanrao Patil vs The Chief Minister and others, dated 5 May 2021

  • 05-May-2021
  • Daksha Legal
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  POSCO Act. Failure to record evidence of the child within thirty days of cognizance and to complete the trial within one year, will NOT entitle accused for default bail. Karnataka High Court. 23 April 2021

  • 23-April-2021
  • Daksha Legal
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  POSCO Act. Statement recorded under Section 164 of Criminal Procedure Code can NOT be considered to be evidence under Section 35 of the POCSO Act. Karnataka High Court. 23 April 2021

  • 23-April-2021
  • Daksha Legal
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  Criminal trial. Polygraph test. Silence would not amount to consent of the accused for polygraph test. Result of polygraph test conducted without written consent is void and inadmissible in evidence. Karnataka High Court.

  • 22-December-2022
  • Daksha Legal
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  SC/ST Prevention of Atrocities Act, 1989. High Court can NOT entertain bail petition under Section 438 & 439 Cr.P.C. Remedy against grant or refusal of bail by the Special Court is appeal to High Court under Section 14A. Karnataka High Court. 30:3:2021

  • 30-March-2021
  • Daksha Legal
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  Constitution of India. Article 254. Repugnancy. The primary effort in the exercise of judicial review must be an endeavor to harmonize. Supreme Court exhaustively analyses the test. 4 May 2021

  • 04-May-2021
  • Daksha Legal
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  Disaster Management Act, 2005. Government has no power under the Act to issue directions to private parties on economic aspects of legitimate subsisting contractual mattes or transactions between them inter se. Supreme Court. 3 May 2021

  • 03-May-2021
  • Daksha Legal