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  Insecticides Act, 1968. Limitation for criminal prosecution commences from the date of receipt of first analysis report. Authorities cannot consider receipt of second or subsequent reports as the starting point. Supreme Court.

  • 04-August-2021
  • Daksha Legal
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  Insolvency and Bankruptcy Code, 2016. There is no bar in law to the amendment of pleadings in a petition under Section 7 or to the filing of additional documents. Supreme Court

  • 04-August-2021
  • Daksha Legal
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  Civil Procedure Code. Order 7 Rule 11. When suit instituted by plaintiffs is clearly abuse of process of the Court and bereft of any merit, the trial Court has power to reject the plaint. Karnataka High Court.

  • 23-July-2021
  • Daksha Legal
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  Criminal Procedure Code. Private complaint without affidavit for having approached jurisdictional police first and then the Superintendent of Police can NOT be entertained by the Magistrate. Karnataka High Court.

  • 22-July-2021
  • Daksha Legal
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  Land Acquisition Act, 1894. Where there is direction by reference Court to pay interest on solatium, interest is payable from the date of dispossession and not from the date of Supreme Court decision in Sunder vs Union Of India. Karnataka High Court.

  • 09-April-2021
  • Daksha Legal
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  Criminal Procedure Code. Section 200. A power of attorney holder, as agent of the complainant, can present complaint before the Magistrate. Karnataka High Court.

  • 22-July-2021
  • Daksha Legal
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  Criminal-Service Law. When employee is held to be innocent in departmental enquiry, criminal proceedings can NOT be continued on the principle of criminal trial needing higher standard of proof. Karnataka High Court.

  • 27-July-2021
  • Daksha Legal
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  Constitution of India. Jurisdiction of High Court to decide validity of notice issued by the Police from another State. Case law discussed. Karnataka High Court.

  • 23-July-2021
  • Daksha Legal
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  Education. 'Punishment imposed on student for malpractice shall be commensurate with the gravity of the misconduct'. Karnataka High Court invokes doctrine of proportionality to reduce punishment imposed on a student.

  • 01-July-2021
  • Daksha Legal
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  Criminal Procedure Code. Police can NOT summon a person under Section 41-A in the absence of any inculpatory or indictive or incriminating material against that person. Karnataka High Court.

  • 23-July-2021
  • Daksha Legal
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  Constitution of India. Privileges and immunities of Members of Parliament and MLAs do NOT extend to criminal acts . No elected member can claim privilege or an immunity to stand above the sanctions of the criminal law. Supreme Court.

  • 28-July-2021
  • Daksha Legal
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  Criminal Procedure Code. Section 321. Supreme Court explains and reiterates principles governing withdrawal of prosecution.

  • 28-July-2021
  • Daksha Legal