Label on package of food. Bar Code on package having relevant information regarding lot/code/batch identification, which can be identified by bar score scanner is a sufficient compliance. Prevention of Food Adulteration Rules 1955. Raghav Gupta vs State (NCT of Delhi) and another(2020) 8 SCC 120
Author Archives: rajdakshalegal
National Company Law Tribunal has no jurisdiction to decide succession issues. Such dispute is not oppression of minorities or mismanagement. Supreme Court.
Corporate Laws. National Company Law Tribunal has no jurisdiction to decide succession issues. A dispute as regards right of inheritance between the parties is eminently a civil dispute and cannot be said to be a dispute as regards oppression of minority shareholders by the majority shareholders or mismanagement. Aruna Oswal vs Pankaj Oswal (2020) 8 …
Criminal Trial. When the person lodging the FIR is subsequently accused of the offence, it is an admission of certain facts. It’s admissibility is not barred. Law on the point discussed. Karnataka High Court29:10:2020
Daksha Legal Short Notes of Cases Chandrashekara vs State of Karnataka. Criminal Appeal 1574/2015 decided on 29 October 2020. Justice B. Veerappa and Justice K. Natarajan. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346192/1/CRLA1574-15-23-10-2020.pdf
Investigating Officers in NDPS Cases Are ‘Police Officers’. Confessional Statements Made To Them Are Not Admissible Supreme Court 29:10:2020
Tofan Singh vs State of Tamil Nadu. Criminal Appeal 152/2013 decided on 29 October 2020. (Majority view) Justice R.F.Nariman, Justice Navin Sinha and Justice Indira Banerjee. Judgment Link: https://main.sci.gov.in/supremecourt/2012/26682/26682_2012_33_1501_24551_Judgement_29-Oct-2020.pdf
Adverse Possession. Ingredients of “animus posudendi”, explained. Person in adverse possession need not canvass his adverse possession till eternity. After satisfying the requirement adverse possession generates title over the subject property as former’s product. Karnataka High Court. 12:10:2020
Jadiyappa vs Gurusiddappa. Regular First Appeal 100107/2016 decided on 12 October 2020. Justice N.K. Sudhindrarao and Justice Ravi Hosmani. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345360/1/RFA100107-16-12-10-2020.pdf HELD: The claim of adverse possession or perfecting of title cannot be in the form of person in possession canvassing that he is in adverse possession till eternity. After satisfying the requirement adverse …
SARFAESI Act. Issuance of a defective notice under section 13(2) will not vitiate proceedings unless substantial prejudice being caused to the borrower. Judgment of Karnataka High Court reversed. Supreme Court 27:10:2020.
M/s. L&T Housing Finance Limited vs M/s. Trishul Developers and another. Civil Appeal 3413/2020 decided on 27 October 2020. Justice L. Nageswara Rao, Justice Hemant Gupta and Justice Ajay Rastogi. Judgment Link: https://main.sci.gov.in/supremecourt/2019/25979/25979_2019_38_1501_24436_Judgement_27-Oct-2020.pdf HELD: 15. Notably from the very inception at the stage, when theproposal of taking a term loan from the appellant was furnishedby …
Kindly share Important Trial Court Judgments.
When we read reportable decisions of High Courts and the Supreme Court, we also notice how trial court judgments are upheld as following the correct legal position. Many trial court judgments are really inspiring for the young aspirants of judgeship. Hence, apart from publishing reportable High Court and Supreme Court judgments, Daksha Legal proposes to …
Continue reading “Kindly share Important Trial Court Judgments.”
Karnataka Stamp Act, 1957. Intending purchaser already in possession prior to agreement of sale. Purchaser has to pay stamp duty as if possession delivered ‘under the agreement’. Stamp duty cannot be avoided by relying on prior possession. Karnataka High Court 9:10:2020
K. V. Venkatasubbaiah vs Rajappa by lrs. Writ Petition 17460/2015 decided on 9 October 2020. Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345036/1/WP17460-15-09-10-2020.pdf HELD: If a person who already claim to be in possession, seek to contend in the agreement of sale that they are in possession or being continued in possession in part performance of …
Arbitration and Conciliation Act, 1996. Correction and interpretation of award & additional award under Section 33 forms part of the arbitral award. Only recourse is appeal under Section 34. No writ is maintainable against such an award. Karnataka High Court 15:10:2020
Hubli Electricity Supply Company Ltd vs M/s. Sharavathy Conductors Company Pvt Ltd. Writ Petition 103813/2016 decided on 15 October 2020. Justice S. Vishwajith Shetty. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345144/1/WP103813-16-15-10-2020.pdf Note: The dispute between Hubli Electricity Supply Company Ltd and M/s. Sharavathy Conductors Company Pvt Ltd was referred to arbitration and the same was decided by Karnataka Micro …
Private Schools. State action should be facilitative and complimentary to the establishment of private schools. “Don’t compare grant of permission to start educational institution with that of a wine shop. Adopt fair standards”. – Karnataka High Court to Government.
Nexgen Education Trust (Regd) vs State of Karnataka and others. Writ Petitions 6058/2020 & 9554/2020 decided on 21 October 2020. Judgment link:http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345480/1/WP6058-20-21-10-2020.pdf “The respondents have invoked the provision ..in a pedantic way like a village priest ritualistically murmuring the hymn without knowing its inner meaning; the constitutional guarantee of free-primary-education will not fructify in the …
Daksha Legal 