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Judgements
Principle that the court has to pronounce judgment on all issues notwithstanding that a case may be disposed of on a preliminary issue applies even to Writ proceedings. Supreme Court.
24-March-2022
Daksha Legal
Mere breach of contract cannot give rise to criminal prosecution for cheating since fraudulent or dishonest intention is the basis of the offence of cheating. Supreme Court.
23-March-2022
Daksha Legal
RTE reimbursement. There is no question of the educational institutions seeking annual/yearly recognition for RTE reimbursement. Applications for reimbursement shall be considered expeditiously. Karnataka High Court.
22-March-2022
Daksha Legal
Criminal Procedure Code. Court trying criminal case has no power to impound passport of accused since impounding of passport can be done only under the Passports Act, 1967. Karnataka High Court.
23-March-2022
Daksha Legal
Disciplinary enquiry and punishment. High Court under Article 226 can not trench upon a domain which falls within the disciplinary jurisdiction of the employer. Supreme Court.
22-March-2022
Daksha Legal
Only in rare circumstances a lady acquires the caste status of her husband provided she pleads and proves her admission to the community of the husband by social acceptance. Karnataka High Court.
22-March-2022
Daksha Legal
Judicial review. Contract of public service meant for larger public good should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process. Supreme Court
21-March-2022
Daksha Legal
Election petition. Defeated candidate securing zero vote in a booth does not give rise to assumption of bogus voting. Suspicion does not take the place of evidence. Karnataka High Court.
22-March-2022
Daksha Legal
Civil Procedure Code. In order to institute or defend a suit against deity or idol, leave has to be obtained under Order I Rule 8 and the deity or idol should be made party represented by a competent person. Kerala High Court.
21-March-2022
Daksha Legal
Civil Procedure Code. Defendant can NOT make counter claim against co-defendant. Counter claim can be made only against plaintiff. Punjab and Haryana High Court.
21-March-2022
Daksha Legal
Person carrying business in a name or style other than his own name can be sued either in his own name or in his assumed business name and style. Punjab and Haryana High Court.
23-March-2022
Daksha Legal
Specific Relief Act.Unilateral cancellation of agreement to sell is impermissible in law except where agreement is determinable under Section 14. Such cancellation cannot be raised as defence in a suit for specific performance.Punjab & Haryana High Court
21-March-2022
Daksha Legal
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