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Whether or not a common Order for summoning Respondents in different cases filed by a common Petitioner can be passed when the Respondent parties are unrelated

 23 November 2020

The approach adopted by the Delhi High Court is much upholding the rightful procedures of the Court. The High Court of Delhi has pointed out the error in the cognizance of the Trial Court and has remanded the matter back to the Trial Court to make th

Posted in Others |    0 comments |   13 hits

Whether the High Courts are required to formulate any substantive questions of law in appeals preferred before them, under Section 100 of the Code of Civil Procedure, 1908

 23 November 2020

The Supreme Court of India, while deciding this case, remained consistent with its previous judgments.

Posted in Others |    0 comments |   17 hits

Whether the injunction order of the High Court restraining the defendant from using similar mark was erroneous or not

 23 November 2020

The decision of the Court in the present case reiterated the settled position of law that the use of a deceptively similar mark would attract the provisions relating to Infringement or Passing-off, as the case demands.

Posted in Others |    0 comments |   15 hits

Case Analysis of: Taj Mahal Hotel vs. United India Insurance Co. Ltd. & Ors

 21 November 2020

The hotel-owner cannot contract out of liability for its negligence or that of its servants in respect of a vehicle of its guest in any circumstance. Once possession of the vehicle is handed to the hotel staff or valet, there is an implied contractua

Posted in Others |    0 comments |   99 hits

Civil Revision Petition filed under Section 115 of the Civil Procedure Code, 1998

 20 November 2020

The Court had taken the decision in a wise manner. However, as mentioned earlier, the status of the first wife should have been a bit clearer. Until the status was clear, the court should not have moved forward.

Posted in Others |    0 comments |   166 hits

Pending appeals against the final order passed by TDSAT

 19 November 2020

The approach adopted by the Supreme Court, though orthodox, is directed towards greater transperancy between service providers and consumers. Its stand ensured that the core principles of nondiscrimination and nonpredation - those that often get lost

Posted in Others |    0 comments |   151 hits

Case Analysis of: T.S.K. Ashwin Kumar VersusTubati Srivalli & Ors

 19 November 2020

The Trial Court is directed to proceed further with the trial of the criminal case, from the stage where it got struck due to the stay order of the High Court. The Trial Court may endeavour to dispose of the matter within a period of two months.

Posted in Others 1 comments |   180 hits

Delhi HC Restraint A Bakery From Using The Mark Facebake In A Trademark Suit Filed By Facebook

 19 November 2020

The court ordered the bakery, its agents and its employees to not use the mark -FACEBAKE- or any other mark which is anywhere similar to plaintiff-s mark.

Posted in Others |    0 comments |   146 hits

Case Analysis of: Rajnesh v. Neha

 17 November 2020

In this case, the court reasonably laid down all the criteria/factors to be taken into consideration for determining matrimonial allowances, covering overlapping jurisdiction provided under various laws for payment of maintenance and interim maintena

Posted in Others |    0 comments |   232 hits

If State Govts Targets Individual They Must Realise That SC Is Here To Protect Them; Tells HCs To Protect Human Liberty: SC

 16 November 2020

It cannot be denied that if Arnab Goswami was able to step freely out of prison after 8 days, it is only and only because of the Bench of Justice Dr DY Chandrachud and Justice Indira Banerjee of Apex Court who were listening his interim bail plea alo

Posted in Others |    0 comments |   225 hits

Kerala HC upholds constitutionality of reverse burden of proof under Sections 29 & 30 of POSCO act

 13 November 2020

The single judge bench of Justice Sunil Thomas rejected the arguments of the petitioners and upheld the Constitutional validity of sections 29 and 30 of POCSO Act.

Posted in Others |    0 comments |   318 hits

Blacklisting Of Orders May Cause Civil Death Of Institutions: SC Sets Aside Indefinite Blacklist Order Issued Against A Pharma Company

 11 November 2020

In a significant judgment titled VetIndia Pharmaceuticals Limited vs. State Of Uttar Pradesh in Civil Appeal No. 3647 of 2020 (Arising out of S.L.P. (C) No. 6319 of 2020) delivered as recently as on November 6, 2020, the Apex Court has set aside an i

Posted in Others |    0 comments |   361 hits

Case Analysis of: Rajnesh versus Neha & Another

 10 November 2020

The following judgement deals with the SC issuing guidelines for overlapping jurisdiction for payment of maintenance, interim maintenance, criteria for determining the quantum of maintenance and the date from which maintenance is awarded and enforcem

Posted in Others 1 comments |   484 hits

‘To Have A Name And Express The Same’ Is Protected Under Article 19 & 21

 09 November 2020

The Delhi High Court held that in the case of Kailash Gupta v. CBSE, 2020 SCC OnLine Ker 1590, "to have a name and to express the same in the manner he wishes, is a part of the right to freedom of speech and expression under Article 19 (1) (a) as wel

Posted in Constitutional Law |    0 comments |   504 hits

Freedom Of Speech And Expression Includes Freedom Of Being Critical Of Public Administration Or Authority

 07 November 2020

Court was of the view that it was undoubtedly true that a Government servant holding transferable post and who has transfer liability across the State cannot lightly claim about such transfer.

Posted in Others 1 comments |   418 hits

Libel - Defence under s.2 of the Defamation Act 2013

 06 November 2020

Justice Nicol observed that undersection 2(4) of the Defamation Act 2013, truth is defence to a claim for libel. It is for a defendant to prove that the libel was substantially true. The burden of proof therefore rests on the defendant.

Posted in Others |    0 comments |   428 hits

Petition for Bail filed under Sec.439 of Cr.P.C before the Madurai Bench of the Madras High Court

 06 November 2020

The Madurai Bench of Madras High Court in this case granted bail to the accused man who was responsible for the victim minor girl's pregnancy on the condition that he should marry her when she becomes a major. The court took into account the victim g

Posted in Constitutional Law |    0 comments |   456 hits

NDPS offences non-bailable

 02 November 2020

In the 70-page detailed order passed on October 7, 2020, while granting bail to the actress Rhea Chakraborty, Justice Sarang V. Kotwal, at the Bombay High Court, has devoted more than one-third portion of his order to discuss the aspect of the case,

Posted in Others |    0 comments |   546 hits

Rape - Misconception Of Fact About Promise To Marry Has To Be In Proximity Of Time To The Occurrence

 31 October 2020

In a well-reasoned, well-analysed and well worded judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) delivered just recently on September 28, 2020, a three Judge Benc

Posted in Criminal Law 1 comments |   580 hits

Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him

 31 October 2020

It is most reassuring, most refreshing and most remarkable to note that as recently as on September 28, 2020, the Supreme Court in a latest, landmark and laudable judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2

Posted in Others |    0 comments |   490 hits

Updated on : 23/11/2020 21:23:01



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