The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such esta..
If the plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendant- appellant, the burden would lie on him as he had alleged fraud. The trial Court and the High Court, therefore- can..
Wild Life Protection Act, 1972 Reducing the area of Sanctuary through notifications of the State legislature ..
"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. " ..
Where there has been a suppression of fact, acceptance of the policy by an officer of the insurance company would not be binding on it...
when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the..
Whether the respondent was a fagade or dummy of BBL and/or whether the respondent and BBL are related persons within the meaning of Section 4 (a) and 4 (3) (b) of the Act..
Trade and Merchandise Marks Act, 1958-Section 29 & 106- Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation h..
The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with..
Transfer of Property Act – Section 122, 123 - Gift deed - Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee – Indian Evidence Act, 1872 – Section 91 - While det..
Specific Performance - Indian contract act, 1872 – Section 56 - Agreement to do an act impossible in itself is void – Agreement for sale and purchase of Thika Tenancy – Whether the specific performance of the agreement for sale becomes impossible of ..
Decision that the existence of any dispute between the parties to the contract is not a ground to restrain the enforcement of Bank guarantees or Letters of Credit. However this court made two exceptions for grant of an order of injunction to restrain..
Telecom Regulatory Authority of India Act, 1997 – Section 14, 14A, 16 - Establishment of Appellate Tribunal - Procedure and powers of the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) – Counter claim – Whether a counter claim by the Centra..
It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible...
Mortgage – Redemption of - Whether the plaintiff had a right to get possession on redemption of his mortgage ..
Section 16 (c) Specific Relief Act - It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. If the averments in the plaint as a whole do clearly indicate the ..
The law relating to grant or refusal to grant injunction in the matter of invocation of a Bank Guarantee or a Letter of Credit is now well settled by a plethora of decisions not only of this court but also of the different High Courts in India. In U...
Whether a steamer agent can be construed as owner of the goods carried in his principal's vessel within the definition of owner in relation to goods under Section 2(o) of the Major Port Trusts Act, 1963?..
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