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  Consumer Protection Act. Losing case on merits after advocate argued matter cannot be said to be deficiency in service on the part of the advocate. Supreme Court.

  • 17-March-2022
  • Daksha Legal
• 

  When electronic evidence in CD or Pendrive is found to be not authentic, Courts cannot direct party to give his voice sample to be compared with the voice contained in the CD or Pendrive. Punjab High Court.

  • 17-March-2022
  • Daksha Legal
• 

  Permission to mark document or marking of a document does not by itself amount to admission in evidence, unless it is specifically admitted by the parties. Kerala High Court.

  • 17-March-2022
  • Daksha Legal
• 

  Negotiable Instruments Act. The fact that the body of cheque was not filled up by accused himself-is no defence in itself when signature on the cheque is not disputed. Punjab High Court.

  • 17-March-2022
  • Daksha Legal
• 

  Cr.P.C. Sessions Judge has no power to transfer a case pending before Magistrate Court to Sessions Court under Section 408(1). Magistrate can invoke powers under Section 323 for committing the case to the Sessions Court. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
• 

  Criminal Procedure Code. Magistrate taking cognizance of an offence on a police report under Section 190 summon any person not arraigned as an accused in the report on the basis of statement under Section 164. Supreme Court.

  • 16-March-2022
  • Daksha Legal
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  Enquiry Officer can be examined to prove contradictory statements of the prosecution witnesses. - Embargo under Section 172(3) Cr.P.C. cannot come into play to defeat valuable right of the defence. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Owner of land adjoining a highway is entitled to as a matter of private right access to such highway at any point at which his land actually touches it. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
• 

  Divorce. Proof required to establish adultery need not necessarily be proof beyond a shadow of doubt. Proof by preponderance of probabilities would be sufficient. Kerala High Court.

  • 16-March-2022
  • Daksha Legal
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  Even if a judicial officer is guilty of negligence in not taking note of High Court order while granting bail, the same can NOT be construed as misconduct unless it is an illegal order for extraneous considerations. Supreme Court.

  • 16-March-2022
  • Daksha Legal
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  Interpretation of statutes. Introduction of new legislation by undertaking the exercise of reading down is impermissible when language of the rule is clear and unambiguous. Supreme Court.

  • 16-March-2022
  • Daksha Legal
• 

  ''High Courts are well within their domain in prescribing age limit for District Judge''. Supreme Court while upholding Delhi High Court rule requiring candidates to be at least 35 years of age.

  • 16-March-2022
  • Daksha Legal