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  Waft Act, 1995. Suit for injunction in respect of Wakf property can be filed only before the Wakf Tribunal and the Civil Court has no jurisdiction to entertain such a suit. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Negotiable Instruments Act. Dishonour of cheque issued as 'security' towards loan borrowed constitutes an offence under Section 138 if the cheque is presented when the loan is matured for repayment. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Indian Penal Code. Mere dishonourment of cheque does NOT constitute an offence of fraud under Section 420. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  Abetment to commit suicide. Mental condition of the deceased just before suicide can NOT be a relevant factor while considering petition to quash the proceedings. Supreme Court.

  • 31-October-2021
  • Daksha Legal
• 

  SC-ST (Prevention of Atrocities) Act, 19891. 'Reasonable, accurate, and timely notice of any court proceeding including any bail proceeding' under Section 15(3) is mandatory to safeguard rights of victim and accused as well. Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  Prevention of Food Adulteration Act, 1954. Actual service of report of Public Analyst on the accused is mandatory failing which the entire proceedings get vitiated. Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  Courts cannot re-write terms of insurance policy. Insured person renewing lapsed policy without disclosing the accident smacks of malafides and disentitles him to claim insurance money. Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  Prosecution under Minimum Wages Act. ‘In-charge of the company’ and ‘responsible to the company’ requirement has to be satisfied for rendering the person liable to be proceeded against and punished. Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  National Security Act, 1980. Unexplained delay in deciding representation and failure to communicate rejection order in a timely manner vitiates detention order under Section 3(2). Supreme Court.

  • 29-October-2021
  • Daksha Legal
• 

  Waiver. Acceptance of payment of the principal amount over a period of different transactions, without the claim of interest amounts to waiver of right to claim such interest. Karnataka High Court.

  • 28-October-2021
  • Daksha Legal
• 

  Registration of sale deed in the State of Karnataka. Sub-registrars can NOT insist on production of '11E' sketch for registration. Govt website to be updated accordingly. Karnataka High Court.

  • 28-October-2021
  • Daksha Legal
• 

  Reservation in favour of women in grass root politics like Village Panchyat is a step towards the fruition of the dreams of the father of the nation and the same cannot be found fault with on technical grounds. Karnataka High Court.

  • 27-October-2021
  • Daksha Legal