• 

  Bar under Section 34 of SARFAESI Act does not apply in case of suit for declaration where clear allegations of fraud, forgery etc are made. Karnataka High Court.

  • 24-February-2022
  • Daksha Legal
• 

  An intermediary who introduces accused to the complainant can not be dragged into criminal proceedings unless the element of conspiracy is alleged/established. Karnataka High Court.

  • 24-February-2022
  • Daksha Legal
• 

  Policy on compassionate appointment must meet the mandate of Article 14 and 16. Children born from the second wife of a deceased employee are entitled for compassionate appointment. Supreme Court.

  • 24-February-2022
  • Daksha Legal
• 

  Challenge to an award passed in an International Commercial Arbitration can be made before Commercial Division of a Single Judge Bench of the High Court. Karnataka High Court.

  • 24-February-2022
  • Daksha Legal
• 

  Mens rea is not an essential element for imposing penalty or damages for failure to deposit contribution under the Employees Provident Fund & Miscellaneous Provisions Act. Supreme Court reiterates.

  • 23-February-2022
  • Daksha Legal
• 

  "Rash and negligent driving does not always equate to over-speeding. Even though one may be driving within the speed limit, it is conceivable that one may still be driving rashly and negligently." Allahabad High Court.

  • 23-February-2022
  • Daksha Legal
• 

  Consumer Protection Act, 1986. Person availing overdraft facility from Bank for day-­to-­day share and stock transactions is not a 'Consumer' since such activity is commercial in nature. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Negotiable Instruments Act. When a company is the payee of the cheque, complainant on behalf the Company can be filed by any authorised employee. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Pharmaceutical companies cannot claim tax benefit for providing freebies to doctors since such action falls within the purview of “prohibited by law”. Supreme Court.

  • 22-February-2022
  • Daksha Legal
• 

  Courts in India can enforce foreign arbitration award if property of respondent is situated in India though award is passed outside India and parties are incorporated outside India. Karnataka High Court.

  • 21-February-2022
  • Daksha Legal
• 

  Evidence Act. There is no need to examine the scribe of Will. What law requires is examination of atleast on attesting witness. Gujarat High Court.

  • 21-February-2022
  • Daksha Legal
• 

  Right to freedom of expression does not grant unfettered license for every possible use of language on social media. Government to take steps to eradicate such devastating menace. Allahabad High Court.

  • 21-February-2022
  • Daksha Legal