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  Customs Act 1962. Where one officer exercises power of assessment power of re-assessment must also be exercised by him or his successor and not by another officer of another department though he is of same rank. Supreme Court. 9 March 2021

  • 09-March-2021
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  Criminal Procedure Code. Summoning of persons on frivolous complaints violates Article 21 of the Constitution. Magistrates should play important role in preventing abuse of Court process. Supreme Court. 8 March 2021

  • 08-March-2021
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  Cr.P.C. Filing private complaint when earlier FIR on the same incident is pending investigation is clear abuse of process of law. Proper course is to apply to the Magistrate under Section 155-2 for directions to the police. Supreme Court. 8 March 2021

  • 08-March-2021
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  Negotiable Instruments Act. Section 141 relating to the offence by companies cannot be made applicable to individuals even in case of a joint liability of two or more persons. Only the signatory to cheque is liable. Supreme Court. 8 March 2021

  • 08-March-2021
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  Negotiable Instruments Act. Even in case of a joint liability of individuals only that person who has drawn the cheque on an account maintained by him can be prosecuted. Supreme Court. 8 March 2021

  • 08-March-2021
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  Criminal trial. Multiple dying declarations. Each dying declaration has to be considered independently on its own merit as to its evidentiary value and one cannot be rejected because of the contents of the other. Supreme Court. 8 March 2021

  • 08-March-2021
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  N.I.Act. Accused only a partner of the firm which issued cheque. Neither responsible for business conduct nor has power to open or operate bank account. Accused did not sign cheque. Proceedings liable to be quashed. Karnataka High Court. 11 Feb 2021

  • 11-February-2021
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  Bail in NDPS cases. Though mere delay in obtaining Forensic Science Lab report is not a ground to grant bail-Prosecution shall secure the report at the earliest to prevent detention of accused for an indefinite period. Karnataka High Court. 6 Feb 2021

  • 06-February-2021
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  Locus Standi. When a litigation is filed in private interest and not as PIL- fundamental principles pertaining to locus standi have to be complied with by demonstrating violation of petitioners rights and in what manner. Karnataka High Court. 26 Feb 2021

  • 26-February-2021
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  Private Security Agencies Regulation Act 2005. The Act is NOT applicable when security personnel are directly employed by a business entity and not through any agency. Hence no license is necessary under the Act. Karnataka High Court. 18 February 2021

  • 18-February-2021
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  Mangalore Air Crash. Airport Authority of India employees are public servants. Prosecution launched against them without sanction liable to be quashed. Karnataka High Court. 26 February 2021

  • 26-February-2021
  • Daksha Legal
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  Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.

  • 23-January-2023
  • Daksha Legal