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Judgments and Orders

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 |   737 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 |   706 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 |   555 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 |   653 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 |   680 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 |   664 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 |   2263 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 |   4103 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 |   852 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 |   1148 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 |   742 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 |   726 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 |   732 hits

​Whether maintenance to be awarded could be from the date of the order

 17 June 2020

The court held that the object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. For the court to award maintenance from ..

Posted in Others |   591 hits

​Proceedings under Domestic Violence Act and Section 125 CrPC are independent proceedings

 17 June 2020

It was held that the proceedings under Domestic Violence under the DV Act and Section 125 CrPC are independent proceedings and the learned Magistrate could not assume jurisdiction in a proceeding under section 125 CrPC which was not pending before hi..

Posted in Others |   1215 hits

Whether the Appellate Court was justified in setting aside the order of compensation granted to the petitioner by the Learned Magistrate

 17 June 2020

The High Court held that the determination of compensation has to be rational, to be done by a judicious approach and it should not be an outcome of guesses on arbitrariness. At the same time, it should be remembered that in absence of any evidence o..

Posted in Others |   828 hits

Copyright in question papers

 17 June 2020

The present case deals with the scope of literary works under Section 2 (o) of the Copyright Act. Examination papers are original literary works within the meaning of Copyright law...

Posted in Others |   3956 hits

Certain aspects of individual privacy way back in 1962 when right to privacy was not a fundamental right under Article 21

 17 June 2020

Though privacy was not recognised as a fundamental right back then, the Court prevented State’s invasion into personal matters of an individual by rightfully interpreting the term “personal liberty”. Also, any procedure established by law must be jus..

Posted in Others |   573 hits

Whether contract laborers qualify as direct employees?

 17 June 2020

The Hon’ble Supreme Court held that the Industrial Court ought to have held that the first Respondent was not a direct employee of the Appellant, and rejected the application of the first Respondent...

Posted in Others |   1357 hits

Case Analysis of : Chief Regional Manager, United India Insurance Company Limited

 17 June 2020

In the present case the respondent was not restrained from his duty by any means the responded continued to be absent from work voluntarily...

Posted in Others |   3667 hits