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  Consumer Protection Act. Driving under influence of alcohol or drugs. Insurer can repudiate claim even in the absence of scientific material, if it can establish a case for exclusion. Case law discussed. Supreme Court. 12 April 2021

  • 12-April-2021
  • Daksha Legal
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  Cr.P.C. Section 156(3). While passing pre-cognizance order, Magistrate has to apply his judicious mind and form an opinion that allegations in the complaint constitute an offence which requires an investigation. Karnataka High Court. 25 March 2021

  • 25-March-2021
  • Daksha Legal
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  Evidence Act. Section 65. A photocopy/Xerox copy of original document can be produced and marked as secondary evidence only on laying foundation for producing the same. Karnataka High Court. 28 June 2010

  • 28-June-2010
  • Daksha Legal
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  Evidence Act 1872. Date of birth. Horoscope is a very weak piece of evidence. Statement contained in the admission of register of schools is more authentic. Supreme Court. 14 March 2005

  • 14-March-2005
  • Daksha Legal
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  Partition. Property purchased in the name of minor is his absolute property unless there is evidence to show it was also joint family property- (see the Note). Karnataka High Court. 11 October 2007

  • 11-October-2007
  • Daksha Legal
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  Specific Relief Act. A suit for specific performance cannot be dismissed on sole ground of delay unless plaintiff is at fault for delay. Once suit is filed, any delay as a result of Court process cannot be put against plaintiff. Supreme Court. 9:4:2021

  • 09-April-2021
  • Daksha Legal
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  Compassionate appointment. Though civil death of an employee entitles dependents to claim compassionate appointment, the same is not a vested right that can be claimed after long lapse of time. Supreme Court. 9 April 2021

  • 09-April-2021
  • Daksha Legal
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  Unlawful Activities Prevention Act. Grant of bail. It is the bounden duty of the Court to apply its mind to examine entire material on record to satisfy itself, whether a prima facie case is made out against the accused or not. Supreme Court. 9:4:2021

  • 09-April-2021
  • Daksha Legal
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  Judicial review. In tender matters, judicial review is equivalent to judicial restraint. What is reviewed is not the decision itself but the manner in which it was made. Supreme Court reiterates. 9 April 2021

  • 09-April-2021
  • Daksha Legal
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  National Courts can draw inspiration from International Conventions and Treaties, so long as they are not in conflict with the municipal law. Right not to be deported is ancillary to the right to reside in any part of India. Supreme Court 8 April 2021

  • 08-April-2021
  • Daksha Legal
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  Narcotic Drugs and Psychotropic Substances Act. Grant of bail. Whether the accused-petitioner had conscious possession of drugs or not cannot be decided by the Court by holding a mini trial while considering bail application. Kar High Court. 15 March 2021

  • 15-March-2021
  • Daksha Legal
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  Income Tax Act, 1961. Third proviso to Section 254-2A which provides for automatic vacation of stay in appeal after 365 days, even if the delay in disposal of appeal is not attributable to the assesse, is unconstitutional. Supreme Court. 6 April 2021

  • 06-April-2021
  • Daksha Legal