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Judgements
Judicial review. A rule cannot be challenged on grounds of individual hardship. Courts cannot question wisdom behind policy decisions. Karnataka High Court upholds Rule increasing age limit of doctors for posts of General Duty Medical Officers. 12:4:2021
12-April-2021
Daksha Legal
Criminal trial. Evidence of injured witness is accorded a special status in law and the same cannot be discredited without convincing evidence to the contrary. Supreme Court reiterates. 28 April 2021
28-April-2021
Daksha Legal
Domestic Violence Act. Application to Magistrate under Section 12 is NOT governed by limitation under Section 468 Criminal Procedure Code since proceedings under Section 12 are not offences. Karnataka High Court. 1 April 2021
01-April-2021
Daksha Legal
Re-Compensate forest land taken four decades ago for Harangi Reservoir Project. Karnataka High Court directs the State Government to handover 11,722 hectares of Revenue lands to Forest Department. 8 April 2021
08-April-2021
Daksha Legal
Companies Act, 2013. Section 272. Previous sanction of the Central Government to the Registrar to present winding up petition cannot be challenged without showing civil consequences. Karnataka High Court. 28 April 2021
28-April-2021
Daksha Legal
SC/ST Prevention of Atrocities Act, 1989. Section 3 before amendment. Apart from establishing the crime, the prosecution must also establish that crime was committed on the ground that such person is a member of SC/ST. Supreme Court. 27 April 2021
27-April-2021
Daksha Legal
Criminal trial. Testimony of prosecutrix with a disability or disabled witness can't considered weak or inferior, only because she interacts with the world differently. Testimony inspiring judicial confidence is entitled to full weight. 27 April 2021
27-April-2021
Daksha Legal
Sexual violence against women and girls with disabilities. Supreme Court lays down guidelines to make the criminal justice system more disabled-friendly. 27 April 2021
27-April-2021
Daksha Legal
Contract Act. Section 62. To constitute rescission of contract, the alteration must go to very root of original contract and change its essential character, so that modified contract must be read as doing away with the original. Supreme Court. 14:9:2017
14-September-2017
Daksha Legal
Grant of bail. While considering the bail petition, the Courts must examine the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail. Supreme Court. 23 April 2021
23-April-2021
Daksha Legal
Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court. 19 March 2021
19-March-2021
Daksha Legal
Right to Information Act, 2005. Penalty imposed under Section 20 cannot be at the discretion of the first or second appellate authority. Imposition of penalty as provided under the Section is mandatory. Karnataka High Court. 18 March 2021
18-March-2021
Daksha Legal
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