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Judgements
Cr.P.C. Section 205. Permanent exemption can NOT be granted when the court has already issued non bailable warrant. Application for permanent exemption is NOT maintainable without appearance and recall of NBW. Karnataka High Court. 6 April 2021
06-April-2021
Daksha Legal
Land acquisition. Consideration of delay and laches in the light of fraud. Karnataka High Court nullifies 34 years old acquisition proceedings on the ground of fraud. Orders restoration of land to original owner. 22 April 2021
22-April-2021
Daksha Legal
Criminal trial. Court is duty bound to avoid delay in trial and to secure presence of the accused. Court can on its own take recourse to Section 82 Cr.P.C. and issue proclamation and initiate follow up action. Karnataka High Court. 9 April 2021
09-April-2021
Daksha Legal
Constitution of India. Summary dismissal of Petition under Article 32 by the Supreme Court is NOT a bar for High Courts to entertain Writ Petition under Article 226. Karnataka High Court. 16 April 2021
16-April-2021
Daksha Legal
Service Law. Single post by direct recruitment cannot be reserved in any manner. Even clubbing of all the vacancies in all the subjects and reserving a single post in a subject is impermissible. Case law discussed. Karnataka High Court.17 April 2021
17-April-2021
Daksha Legal
Criminal Law. Testimony of a witness who identified the accused for the first time in Court without knowing him before, and in the absence of any Test Identification Parade, would be valueless and unreliable. Karnataka High Court. 5 May 2021
05-May-2021
Daksha Legal
Arbitration and Conciliation Act 1996. Manner of deciding petition under Section 34 explained. Guidelines laid down. Karnataka High Court. 17 April 2021
17-April-2021
Daksha Legal
Eminent Domain and Police Power explained. By eminent domain State may take any property and appropriate for public purpose. By police power, State may regulate public health, morals, safety etc. Supreme Court. 15 September 1967
15-September-1967
Daksha Legal
Religious denomination explained. To be a religious denomination, it must be a collection of individuals with common faith, common organisation and designation of a distinctive name. Supreme Court. 30 July 2003
30-July-2003
Daksha Legal
Contract. Distinction between a Servant and an Agent explained. Supreme Court. 1 April 1954
01-April-1954
Daksha Legal
Trademark. Nandhini vs Nandini. Mere phonetic similarity would NOT amount to infringement of any sort when the nature and style of the business and the products are altogether different. Supreme Court. 26 July 2018
26-July-2018
Daksha Legal
Evidence Act, 1872. Section 92. Where a document is straightforward one and presents no difficulty in construing it, oral evidence regarding the language of the document can NOT be adduced. Supreme Court. 7 May 2021.
07-May-2021
Daksha Legal
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