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  Anticipatory bail in SC-ST Prevention of Atrocities Act. Accused merely calling complainant as belonging to Scheduled Caste. No material to show intention to humiliate an account of caste. Accused entitled to bail. Karnataka High Court. 1 June 2021

  • 01-June-2021
  • Daksha Legal
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  Preventive detention. Grounds. Mere furnishing of material forming basis of purported ground without explicitly formulating grounds and providing conclusion thereon cannot be termed as grounds contemplated under law. Karnataka High Court. 2:6:2021

  • 02-June-2021
  • Daksha Legal
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  Civil Procedure Code. Order 39 Rules 1 and 2. Trial court has to apply its mind while granting ex-parte injunction. Passing cryptic, bald, laconic, unreasoned and non-speaking order is impermissible. Karnataka High Court. 1 June 2021

  • 01-June-2021
  • Daksha Legal
• 

  Constitution of India. Articles 12 and 226. Actions of educational institutions, forming part of public law as opposed to private law, are amenable to writ jurisdiction. Calcutta High Court. 1 June 2021

  • 01-June-2021
  • Daksha Legal
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  NDPS Act. The Intelligence Officer of NCB is authorised to file a complaint under Section 36 instead of police report. When a compliant is filed, accused can NOT claim default bail under Section 167-2 Cr.P.C. Karnataka High Court.

  • 06-February-2023
  • Daksha Legal
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  Service Law. Bar against transfer of personnel two years prior to retirement is to ensure smooth transition at the fag end of of service. Such beneficial rule can't be violated in the guise of Movement Order. Karnataka High Court. 24 May 2021

  • 24-May-2021
  • Daksha Legal
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  Criminal Procedure Code. Order granting or rejecting bail under Section 167-2 is an interlocutory order and hence revision under Section 397 read with Section 401 is NOT maintainable. Karnataka High Court. 24 May 2021

  • 24-May-2021
  • Daksha Legal
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  Cenvat Credit Rules, 2004. Industry having outdoor catering services for factory canteen cannot claim Cenvit credit post 2011. Court, while dealing with taxing statute, cannot include what is specifically excluded. Karnataka High Court. 21 April 2021

  • 21-April-2021
  • Daksha Legal
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  Judicial review. Look Out Circular issued by Bank against debtor in larger public interest and economic interest of the nation cannot be the subject matter of judicial scrutiny. National interest is paramount. Karnataka High Court. 12 May 2021

  • 12-May-2021
  • Daksha Legal
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  Educational Institutions. Government can only prevent commercialization. Institutions have complete autonomy to fix their fees. Government cannot indefinitely postpone collection of annual charges. Delhi High Court. 31 May 2021

  • 31-May-2021
  • Daksha Legal
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  Transfer of Property Act. Section 43. Feeding the grant by estoppel does NOT apply where the transfer is forbidden by law or contrary to public policy or contrary to the provisions of a statute. Karnataka High Court. 17 March 2015

  • 17-March-2015
  • Daksha Legal
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  Transfer of Property Act. Section 43. Feeding the grant by estoppel does NOT apply if the transferee knows that the transferor did not possess the title at the time of transfer. Karnataka High Court.

  • 06-February-2023
  • Daksha Legal