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  Suit for specific performance. When plaintiff is ready and willing, court cannot refuse decree since that would give a premium to the dishonest conduct of the defendant.

  • 02-November-2021
  • Daksha Legal
• 

  Amendment to Specific Relief Act, 1963 is a guide to decide on the discretionary relief in pending suits for specific performance. Supreme Court.

  • 02-November-2021
  • Daksha Legal
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  Child custody. Non-custodial parent is entitled to equal number of days as with the custodial parent during holidays, festivals, birthdays and other important family functions. Karnataka High Court issues guidelines.

  • 01-November-2021
  • Daksha Legal
• 

  State must justify surveillance or spying done on individual on constitutional grounds since the right to privacy is directly infringed when there is surveillance or spying either by the State or any external agency. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Motor Vehicles Act, 1988. The extent of economic loss cannot be measured in proportion to the extent of permanent disability. Supreme Court assesses functional disability at 100% in a case of 69% physical disability.

  • 31-October-2021
  • Daksha Legal
• 

  Waft Act, 1995. Suit for injunction in respect of Wakf property can be filed only before the Wakf Tribunal and the Civil Court has no jurisdiction to entertain such a suit. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Negotiable Instruments Act. Dishonour of cheque issued as 'security' towards loan borrowed constitutes an offence under Section 138 if the cheque is presented when the loan is matured for repayment. Supreme Court.

  • 31-October-2021
  • Daksha Legal
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  Indian Penal Code. Mere dishonourment of cheque does NOT constitute an offence of fraud under Section 420. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Abetment to commit suicide. Mental condition of the deceased just before suicide can NOT be a relevant factor while considering petition to quash the proceedings. Supreme Court.

  • 31-October-2021
  • Daksha Legal
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  SC-ST (Prevention of Atrocities) Act, 19891. 'Reasonable, accurate, and timely notice of any court proceeding including any bail proceeding' under Section 15(3) is mandatory to safeguard rights of victim and accused as well. Supreme Court.

  • 29-October-2021
  • Daksha Legal
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  Prevention of Food Adulteration Act, 1954. Actual service of report of Public Analyst on the accused is mandatory failing which the entire proceedings get vitiated. Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  Courts cannot re-write terms of insurance policy. Insured person renewing lapsed policy without disclosing the accident smacks of malafides and disentitles him to claim insurance money. Supreme Court.

  • 29-October-2021
  • Daksha Legal