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Judgements
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
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
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
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
Cr.P.C. Section 200 and Drugs and Cosmetics Act, 1940. When complaint is filed by Drugs Inspector invoking Section 32 of the D C Act, the Magistrate need NOT examine the complainant and the witnesses. Karnataka High Court. 24 March 2021
24-March-2021
Daksha Legal
Prevention of Corruption Act,1988. Prior sanction for prosecution of public servant is NOT necessary in respect of the cases registered prior to Amendment on 26:7:2018. Karnataka High Court. 24 March 2021
24-March-2021
Daksha Legal
NDPS Act. Getting Forensic Science Laboratory result within 15 days is only directory in nature and not mandatory. Delay in receipt of sample result is not a ground to grant bail to the accused. Karnataka High Court. 29 March 2021
29-March-2021
Daksha Legal
Civil Procedure Code. Counter claim. In a suit for injunction, counter-claim for possession also could be entertained. Supreme Court. 24 November 1995
24-November-1995
Daksha Legal
Suit for permanent injunction. Counter claim for injunction in respect of the property on a different cause of action is maintainable. The cause of action should arise before the time to file written statement. Supreme Court. 7 May 1996
07-May-1996
Daksha Legal
Sting Operation and Honey Trapping. Legal position in India. Crime by sting operator does not stand obliterated or extinguished merely because its commission is claimed to be in public interest. Supreme Court. 24 April 2014
24-April-2014
Daksha Legal
Audio recording is a document within the meaning of Section 3 of the Evidence Act. It has be proved by satisfactory evidence ruling out possibilities of tampering. Supreme Court. 5 February 2010
05-February-2010
Daksha Legal
Hindu Marriage Act, 1955. Adultery. Standard of proof is preponderance of probability and not beyond reasonable doubt. It cannot be proved by direct evidence and inference can even be drawn by circumstantial evidence. Karnataka High Court. 25 October 2019
25-October-2019
Daksha Legal
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