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  Rejection of a public interest litigation in limine without a substantive adjudication on merits will NOT operate as resjudicata for a subsequent petition. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Criminal Law. Claim of juvenility can be raised at any stage of a criminal proceeding, even after a final disposal of the case. Supreme Court analyses the principles.

  • 18-November-2021
  • Daksha Legal
• 

  POCSO Act. Important ingredient for constituting offence of sexual assault is the “sexual intent” and not the “skin to skin” contact with the child. Supreme Court.

  • 18-November-2021
  • Daksha Legal
• 

  Only Indian courts and not foreign courts have jurisdiction to decide custody of a child brought to India especially when the parties married under the Hindu Marriage Act. Karnataka High Court.

  • 17-November-2021
  • Daksha Legal
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  Violation of rule of ''utmost good faith'' and deliberate non-disclosure or misstatement of facts is a ground to reject temporary injunction or to vacate the order already granted. Karnataka High Court.

  • 16-November-2021
  • Daksha Legal
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  Though right to be represented by a counsel or agent in domestic enquiry is not an absolute right, if the charge is of severe and complex nature, the request to be represented though a counsel or agent should be considered. Supreme Court.

  • 16-November-2021
  • Daksha Legal
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  A right not exercised for a long time is non-existent. Supreme Court explains distinction between 'doctrine acquiescence’ and ‘delay and laches’.

  • 16-November-2021
  • Daksha Legal
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  Where the Statute is otherwise silent, the resignation would take immediate effect without waiting for its acceptance and much less the communication of acceptance. Karnataka High Court

  • 16-November-2021
  • Daksha Legal
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  Statutory authority is required to act within reasonable time. Karnataka High Court quashes bill issued by the Water Board after sleeping over collection for 25 years.

  • 15-November-2021
  • Daksha Legal
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  Rape of a minor girl is a heinous crime against the Society. Criminal proceedings can NOT be quashed even if the alleged rapist married the victim and a joint petition is filed for quashing. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal
• 

  Criminal Law. If allegations of serious crimes against accused are traceable to civil disputes between parties and criminal proceeding is initiated only to settle due between parties, the same is liable to be quashed. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal
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  Indian Penal Code. Section 498A. In the tussle between husband and wife, other family members of the husband shall not be unnecessarily embroiled in criminal prosecution. Karnataka High Court.

  • 15-November-2021
  • Daksha Legal