• 

  Service Law. Unauthorised absence. If the absence is the result of compelling circumstances under which it was not possible to report or perform duty, such absence cannot be held to be wilful. Karnataka High Court. 18 February 2021

  • 18-February-2021
  • Daksha Legal
• 

  IPC. Section 153A. The intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC and the prosecution has to prove the existence of mens rea in order to succeed. Supreme Court. 25 March 2021.

  • 25-March-2021
  • Daksha Legal
• 

  Contract employees. Concept of one-­time measure in the light of judgment in Umadevi case explained. Supreme Court. 25 March 2021

  • 25-March-2021
  • Daksha Legal
• 

  Offences relating to corruption. Enquiry at pre-FIR stage is permissible and desirable where allegations are of corrupt practice acquiring assets disproportionate to known sources of income. Supreme Court. 24 March 2021

  • 24-March-2021
  • Daksha Legal
• 

  Service law. Acquittal in respect of a heinous or serious crime based on benefit of reasonable doubt cannot make the candidate eligible. Supreme Court. 24 March 2021

  • 24-March-2021
  • Daksha Legal
• 

  Government pleaders. Appointment and removal. Doctrine of pleasure is not absolute. Unceremonious removal of Government pleaders on political dictates is illegal. Karnataka High Court. 18 February 2021

  • 18-February-2021
  • Daksha Legal
• 

  Limitation Act. Article 65-b. Recovery of possession when mortgagee sells the property mortgaged. The Article does NOT apply when the property is sold under a statute. Karnataka High Court. 8 March 2021

  • 08-March-2021
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Waiver of ineligibility of arbitrator under Section 12. In the absence of an express agreement between parties claim cannot be barred by principles of waiver acquiescence and estoppel. Karnataka High Court. 25:2:2021

  • 25-February-2021
  • Daksha Legal
• 

  Limitation Act. Section 5. Though it is not mandatory to file application for condonation of delay no applicant or appellant can claim condonation of delay as of right without making an application giving sufficient cause. Supreme Court. 22:3:2021

  • 22-March-2021
  • Daksha Legal
• 

  Representation of the People Act 1951. Election to Council of States-Rajya Sabha-can NOT be challenged by an ordinary voter unless he is a candidate or member of the electoral college. Karnataka High Court. 18 February 2021

  • 18-February-2021
  • Daksha Legal
• 

  Insolvency and Bankruptcy Code 2016. Time spent under the SARFAESI Act is to be excluded in proceedings under Sections 7 and 9 IBC applying the principles of Section 14 Limitation Act. Supreme Court. 22 March 2021

  • 22-March-2021
  • Daksha Legal
• 

  Indian Penal Code. Section 34. Presence of the the accused to facilitate the execution of the common design amounts to actual participation in the criminal act. Supreme Court. 23 March 2021

  • 23-March-2021
  • Daksha Legal