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Judgements
IPC. Section 304-B. Soon before her death does not mean immediately before, rather prosecution has to show existence of a proximate and live link between the cruelty and the consequential death of the victim. Supreme Court. 28 May 2021
28-May-2021
Daksha Legal
Negotiable Instruments Act. Complaint under Section 138 is not an Encyclopedia. The complainant is required to plead basic particulars to disclose commission of the offence. Karnataka High Court. 20 May 2021
20-May-2021
Daksha Legal
Karnataka SC-ST PTCL Act. Question of delay in initiating proceedings does NOT arise if sale is challenged on the ground of fraud, forgery and impersonation which go to the root of the transaction. Karnataka High Court 19 May 2021
19-May-2021
Daksha Legal
Protection of Women from Domestic Violence Act, 2005. Order granting temporary custody of child is appealable under Section 29. Criminal Petition under Section 482 Cr.P.C, is NOT maintainable. Karnataka High Court. 20 May 2021
20-May-2021
Daksha Legal
Cr.P.C. Limitation for criminal prosecution. Date relevant is the date when criminal complaint is filed and not the date when Magistrate takes cognizance. Karnataka High Court reiterates. 24 May 2021
24-May-2021
Daksha Legal
Cr.P.C. Section 197. Illegal detention and custodial torture of a wrong person by the Police driving victim to suicide attempt. Sanction is NOT required to prosecute the police personnel involved. Karnataka High Court. 24 May 2021
24-May-2021
Daksha Legal
Code of Civil Procedure, 1908. Order XXIX Rule 1. Director of company can NOT institute a suit without board resolution or ratification. Temporary injunction can be refused on the ground of maintainability of the suit. Karnataka High Court. 27:5:2021
27-May-2021
Daksha Legal
Rape. Alleged bad character of a woman does not justify sexual assault on her. Karnataka High Court condemns the police machinery which tried to protect the rapist police officer. 24 May 2021
24-May-2021
Daksha Legal
Service Law. AICTE Regulations are mandatorily applicable to degree level technical institutions. Retirement age is only as per the Regulations. Writ is maintainable to enforce the Regulations even against unaided college. Karnataka High Court. 24:5:2021
24-May-2021
Daksha Legal
Karnataka High Court cancels anticipatory bail granted to a Police Officer who raped the victim, who approached him to report theft of her laptop. Calls approach of the judge as casual in a serious sexual assault case. 24 May 2021
24-May-2021
Daksha Legal
Society running educational institution and receiving funds from the Government, though registered under the Societies Registration Act, is 'State' within the meaning of Article 12 of the Constitution of India. Karnataka High Court. 24 May 2021
24-May-2021
Daksha Legal
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not apply to acquisitions under the Bangalore Development Authority Act. Karnataka High Court reiterates. 19 April 2021
19-May-2021
Daksha Legal
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