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  When violation of principles of natural justice is alleged, even if an alternative remedy is available, a writ petition is maintainable. Supreme Court.

  • 24-June-2022
  • Daksha Legal
• 

  Anti-defection law will not apply to a split in a Political Party constituting 2/3rd Legislators since it amounts to 'deemed merger' under paragraph 4 of Tenth Schedule to the Constitution. Bombay High Court.

  • 23-June-2022
  • Daksha Legal
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  Partnership. New person coming in as partner is not entitled to the fruits of a decree obtained by the persons who were partners at the time of the accrual of the cause of action. Kerala High Court.

  • 24-June-2022
  • Daksha Legal
• 

  Accused need not prove the existence of private self-defence beyond reasonable doubt. It would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. Supreme Court.

  • 23-June-2022
  • Daksha Legal
• 

  Wife visiting her parents’ house frequently without taking husband’s consent does not amount to desertion or cruelty. Allahabad High Court

  • 23-June-2022
  • Daksha Legal
• 

  All the offences under the Negotiable Instruments Act are compoundable and the parties can compound subject to payment of graded cost. Karnataka High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Mere custody of firearm without awareness of the nature of such possession cannot fall within the ambit of sections 3 and 25 of the Arms Act, 1959. Bombay High Court

  • 24-June-2022
  • Daksha Legal
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  To constitute offence under the SC /ST (Prevention of Atrocities) Act, hurling of abuse must be in in a public place or in a place of public view. Karnataka High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Causing death by negligence. Section 304A, IPC. Architect who designed the house cannot be prosecuted for death of construction worker in on-site accident. Karnataka High Court.

  • 21-June-2022
  • Daksha Legal
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  Dispute arising out of agreements relating to property used exclusively in trade and commerce would constitute a commercial dispute. Gujarat High Court.

  • 21-June-2022
  • Daksha Legal
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  Income Tax Act. Limitation prescribed under Section 153 is applicable even to remand proceedings. Madras High Court.

  • 22-June-2022
  • Daksha Legal
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  ‘’Article 14 of the Constitution of India does not envisage equal treatment of unequal’’. Calcutta High Court while upholding different eligibility criteria for Assistant Teachers and Headmasters/Headmistresses in Government Schools.

  • 21-June-2022
  • Daksha Legal