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  Negotiable Instruments Act. Section 141 relating to the offence by companies cannot be made applicable to individuals even in case of a joint liability of two or more persons. Only the signatory to cheque is liable. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Negotiable Instruments Act. Even in case of a joint liability of individuals only that person who has drawn the cheque on an account maintained by him can be prosecuted. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  Criminal trial. Multiple dying declarations. Each dying declaration has to be considered independently on its own merit as to its evidentiary value and one cannot be rejected because of the contents of the other. Supreme Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
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  N.I.Act. Accused only a partner of the firm which issued cheque. Neither responsible for business conduct nor has power to open or operate bank account. Accused did not sign cheque. Proceedings liable to be quashed. Karnataka High Court. 11 Feb 2021

  • 11-February-2021
  • Daksha Legal
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  Bail in NDPS cases. Though mere delay in obtaining Forensic Science Lab report is not a ground to grant bail-Prosecution shall secure the report at the earliest to prevent detention of accused for an indefinite period. Karnataka High Court. 6 Feb 2021

  • 06-February-2021
  • Daksha Legal
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  Locus Standi. When a litigation is filed in private interest and not as PIL- fundamental principles pertaining to locus standi have to be complied with by demonstrating violation of petitioners rights and in what manner. Karnataka High Court. 26 Feb 2021

  • 26-February-2021
  • Daksha Legal
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  Private Security Agencies Regulation Act 2005. The Act is NOT applicable when security personnel are directly employed by a business entity and not through any agency. Hence no license is necessary under the Act. Karnataka High Court. 18 February 2021

  • 18-February-2021
  • Daksha Legal
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  Mangalore Air Crash. Airport Authority of India employees are public servants. Prosecution launched against them without sanction liable to be quashed. Karnataka High Court. 26 February 2021

  • 26-February-2021
  • Daksha Legal
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  Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.

  • 23-January-2023
  • Daksha Legal
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  Undertaking given by Counsel binds the clients. It has the same force as an injunction made by the Court and a breach of the undertaking amounts to contempt of court. Karnataka High Court. 23 February 2021

  • 23-February-2021
  • Daksha Legal
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  Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.

  • 02-February-2023
  • Daksha Legal
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  Tenancy. Agreement of tenancy can be written or oral. Even in case of oral tenancy the Court has to look into the circumstances intention of the parties their conduct before and after the creation of relationship. Supreme Court. 5 March 2021.

  • 05-March-2021
  • Daksha Legal