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  Criminal Procedure Code. Discharge. Bar under section 397-2 will NOT apply to High Court or Sessions Judge since orders framing charges or refusing discharge are NOT interlocutory orders. Supreme Court. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  POCSO. Apart from rendering justice to child victims, concomitant support service systems have also to be provided, as the child victim faces physical injury and psychological trauma. Karnataka High Court issues directions for system overhaul. 23:4:2021

  • 23-April-2021
  • Daksha Legal
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  Motor Vehicles Act, 1988. Death of self employed person aged below 40 years. Proper mode of compensation is 40 percent addition to income towards future prospects and one-third deduction towards living expenses. Supreme Court. 7 May 2021.

  • 07-May-2021
  • Daksha Legal
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  Criminal trial. Right of silence guaranteed under Article 20 of the Constitution is one of the facets of presumed innocence traceable to the Babylonian Code of Hammurabi and Roman principle of actori incumbit probatio. Supreme Court. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  Criminal Procedure Code. Section 378. Power of power of scrutiny exercisable by the High Court should not be routinely invoked where the view formed by the trial court was a possible view. Supreme Court reiterates. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  Criminal Procedure Code. Discharge is a valuable right provided to the accused. Courts, while considering discharge application should not act as mere post office and must prevent abuse of process. Supreme Court. 7 May 2021

  • 07-May-2021
  • Daksha Legal
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  Supreme Court terms Madras High Court murder remark on Election Commission as harsh and inappropriate. Emphasizes need for judges to exercise caution in off-the-cuff remarks in open court. 6 May 2021

  • 06-May-2021
  • Daksha Legal
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  Civil Procedure Code. A case not specifically pleaded can be considered by the Court where pleadings in substance make out a particular case and the issues framed, evidence led also generally cover the question involved. Kar HC. 6:5:2021

  • 06-May-2021
  • Daksha Legal
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  Without Prejudice in correspondences is part of public policy to encourage negotiated settlement of disputes. Its applicability is limited to pre-litigation stage and does not cover pleadings before court. Karnataka High Court. 6 May 2021

  • 06-May-2021
  • Daksha Legal
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  Supreme Court judgment on Maratha Reservation analysed. Dr. Jaishri Laxmanrao Patil vs The Chief Minister and others, dated 5 May 2021

  • 05-May-2021
  • Daksha Legal
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  POSCO Act. Failure to record evidence of the child within thirty days of cognizance and to complete the trial within one year, will NOT entitle accused for default bail. Karnataka High Court. 23 April 2021

  • 23-April-2021
  • Daksha Legal
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  POSCO Act. Statement recorded under Section 164 of Criminal Procedure Code can NOT be considered to be evidence under Section 35 of the POCSO Act. Karnataka High Court. 23 April 2021

  • 23-April-2021
  • Daksha Legal