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Judgments and Orders

Plaintiff did not move any consideration under section 25 to make the agreement valid

 19 June 2020

The court rejected the contentions of the plaintiff. It was held that the shops were constructed at the desire of the collector and additionally there moved no consideration from the plaintiff under s25 of the act in order to consider it as a valid c..

Posted in Legal Documents |   2956 hits

Section 494 of the Indian Penal Code does not violate Article 21 of the Indian Constitution

 19 June 2020

Article 21 guarantees that no person shall be deprived of personal law and liberty except according to the procedure established by law. It has been factually conceded that none of the petitioners have been deprived of this right. The court held it w..

Posted in Constitutional Law |   1243 hits

Triple Talaq Case

 19 June 2020

The Court however chose to examine the issue of ITT alone. The Union of India supported the petition. Among the others who intervened in this case, the All India Muslim Personal Law Board and the Jamiat Ulema-e-Hind argued that the Court did not have..

Posted in Others |   744 hits

Exception 2 to Section 375 of the IPC is violative of Article 14, 15 and 21 of the Constitution of India

 19 June 2020

In its judgement, the Supreme Court held that the Exception 2 to Section 375 of the IPC (in so far as it relates to a girl child below 18 years) was liable to be struck down as it was violative of Article 14, 15 and 21 of the Constitution of India as..

Posted in Others |   2303 hits

Copyright in ideas, plots or themes?

 19 June 2020

The present judgment is a landmark decision of the Supreme Court of India in the field of copyright law.The case is concerned with a copyright infringement suit against the movie New Delhi made by Mohan Sehgal in 1954...

Posted in Others |   2587 hits

Performer’s rights under copyright law before 1994 amendment

 19 June 2020

Until the 1994 amendment, no performers right were available to the performer under the Copyright Act, 1957. The only reason why the performance of a performer was not protected under the copyright Act was that it was not a ‘work’ within the definiti..

Posted in Others |   4071 hits

Doctrine of Privity of consideration is not applicable in the Indian context

 19 June 2020

The Hon’ble Court observed that according to section 2(d) of the Indian Contract Act (1872), it is clear that in a valid contract the consideration need not flow from the promisee only. It could flow from any other person who is not a party to such c..

Posted in Others |   1489 hits

Dunlop cannot claim for damages as the contract was hit by doctrine of Privity

 19 June 2020

The court unanimously held that Dunlop Tyres Ltd. Could not claim for damages in this case. It observed that firstly, only a party to the contract can file a claim. Secondly, there was no consideration flowing from Dunlop to Selfridge hence there was..

Posted in Others |   952 hits

Constitutional validity of National Security Act upheld

 19 June 2020

Article 123 and 213 of the Constitution confer on the President and Governor respectively an ordinance making power and nothing in the Constitution poses a restriction on this power to be confined to areas which have not been covered by any other Law..

Posted in Constitutional Law |   731 hits

Person shall entitle for admission as per qualification in each and every test held by authority in institute

 19 June 2020

The court dismissed the Petition and held that a person shall be entitled for an admission as per qualification in each and every test held by authority in institute...

Posted in Others |   575 hits

​Whether DV act proceedings can be initiated against grandsons to claim monetary and medical relief

 18 June 2020

The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenanc..

Posted in Family Law |   673 hits

Whether wife living separately could file a case against parents-in law

 18 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...

Posted in Family Law |   700 hits

Violation of principles of natural justice by BCCI Commissioner under Rule 38

 18 June 2020

Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..

Posted in Others |   679 hits

Copyright Protection For Slogans

 18 June 2020

It is concluded from the present judgment that slogans used in advertising are prima facie not protectable under the Copyright law. However, they may be protected under the law of passing off...

Posted in Others |   2287 hits

If the agreement of employment puts a restriction on employee to not to work anywhere else, is such agreement void or not under Section 27?

 18 June 2020

The court held that appellant received training for about nine months and during that time period the information regarding the special processes and machinery of collaborators had been learned by him.Soon the Rajasthan Company started producing tyre..

Posted in Others |   4167 hits

Is the interpretation of Section 27 of Indian Contract Act in nature exhaustive or narrow?

 18 June 2020

The court held that the restraint may not be greater than necessary to protect the employer, nor unduly harsh and oppressive to the employee. The court held that even on their part the word ‘leaves’ in clause 10 of the agreement is capable of another..

Posted in Others |   881 hits

Amending power of Parliament under Article 368 of the Constitution of India

 18 June 2020

In the instant case though the Court recognised that fundamental rights stand over any other law in India, the judgment was still overruled by the SC in the case of KesavanandaBarathi v. State of Kerala giving rise to the doctrine of basic structure...

Posted in Constitutional Law |   1162 hits

Medical Emergency Not An Excuse To Trample On Citizen’s Fundamental Rights Under Article 21 Of Constitution

 18 June 2020

It is most heartening, most refreshing and most comforting to note that the Telangana High Court has on May 20, 2020 in a latest, landmark and extremely laudable judgment titled Ganta Jai Kumar Vs State of Telangana Rep. by Chief Secretary and others..

Posted in Others |   763 hits

Duty of care to establish no significant fault or negligence

 17 June 2020

The CAS held that Standard of proof of how the prohibited substance entered the athletes’ system couldn’t be established by either Kaur or Murmu. Hence the order of the Indian Anti-DopingDisciplinary Panel is set aside and both Kaur and Murmu are ban..

Posted in Others |   731 hits

Suspension of the Hyperandrogenism Regulations for 2 years

 17 June 2020

The CAS ruled that the appeal filed by Ms Dutee Chand on 26 September 2014 against the decision of AFI declaring Ms Chand not eligible to compete under the IAAF’s Hyperandrogenism Regulationsispartially upheld. The suspended these Regulations for a p..

Posted in Others |   749 hits