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Judgements
Advocates Act, 1961. State Bar Council has power of interim suspension of an Advocate pending disposal of disciplinary proceedings for misconduct. Madras High Court. 21 November 2013
21-November-2013
Daksha Legal
Fraud. A judgment, decree or order obtained by fraud on court is a nullity in the eye of the law. Such a judgment by the first court or by the final court has to be treated as nullity by every court in any proceedings. Supreme Court. 7 March 2007
07-March-2007
Daksha Legal
Decree obtained by fraud. Even a judgment and decree affirmed by the apex Court of the country can be declared void by the trial Court if it is proved that the same was obtained by practicing fraud upon Court. Supreme Court of Bangladesh. 24 Nov 2020
24-November-2020
Daksha Legal
Agreement of sale. Signature verification by forensic expert. Although Court is expert of the experts, still it has some inherent constraints and court can get expert opinion. Karnataka High Court. 31 March 2021
31-March-2021
Daksha Legal
Motor Vehicles Act. Onus of establishing the accident is completely on the Insurance Company which is required to gather full information of the accident and confirm the same to the Tribunal. Karnataka High Court. 25 March 2021
25-March-2021
Daksha Legal
Motor Vehicles Act, 1988. Death of employee. Amount received by dependents under group insurance scheme is NOT a pecuniary advantage and can NOT be deducted from the MVC compensation. Karnataka High Court. 4 March 2021
04-March-2021
Daksha Legal
Cr.P.C. Section 482. Though a transaction is civil in nature, if the complaint specifically avers dishonest and fraudulent acts inducing complainant to part with money, the criminal proceedings can NOT be quashed. Karnataka High Court.
20-January-2023
Daksha Legal
Cr.P.C. Section 200 and Drugs and Cosmetics Act, 1940. When complaint is filed by Drugs Inspector invoking Section 32 of the D C Act, the Magistrate need NOT examine the complainant and the witnesses. Karnataka High Court. 24 March 2021
24-March-2021
Daksha Legal
Prevention of Corruption Act,1988. Prior sanction for prosecution of public servant is NOT necessary in respect of the cases registered prior to Amendment on 26:7:2018. Karnataka High Court. 24 March 2021
24-March-2021
Daksha Legal
NDPS Act. Getting Forensic Science Laboratory result within 15 days is only directory in nature and not mandatory. Delay in receipt of sample result is not a ground to grant bail to the accused. Karnataka High Court. 29 March 2021
29-March-2021
Daksha Legal
Civil Procedure Code. Counter claim. In a suit for injunction, counter-claim for possession also could be entertained. Supreme Court. 24 November 1995
24-November-1995
Daksha Legal
Suit for permanent injunction. Counter claim for injunction in respect of the property on a different cause of action is maintainable. The cause of action should arise before the time to file written statement. Supreme Court. 7 May 1996
07-May-1996
Daksha Legal
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