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Case Analysis

HC of Chhattisgarh.jpg

HC rules unmarried daughters can claim Marriage expenses under Hindu Adoptions and Maintenance Act, 1956 [Read order]

AFT Act (Removal of Difficulties) Order,2008

HC: Unlike in a criminal case, in a case of infringement of registered Trade Marks or of passing off, the similarity of the marks used is to be considered [Read Judgment]

Delhi High Court

HC: This is not a commercial suit where there is no discretion given to the Court to condone the delay beyond the maximum prescribed condonable period [Read Judgment]

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SC Explains: Circumstances when Preventive Detention can be ordered, Read Judgment

Order

HC: Mere showing of losses also ought not to deter Court from awarding damages, so long as the illegal use of a deceptively similar trademark is admitted or proved [Read Judgment]

Delhi High Court

HC reiterates any amount received which is inextricably linked with setting up plant and machinery, such receipts are of a capital nature and cannot be taxed as income [Read Judgment]

Specific Relief Act

[Specific Relief Act] HC: the word ‘matter’ is of wide and compendious scope and would include everything, which is the subject matter of the suit and grievance expressed therein [Read Judgment]

Junior and Senior Counsel/ Lawyer, pic by: The Balance Careers

HC: Excuse of engaging a new counsel has been taken by the Defendant only to avoid the hearing; request for adjournment is clearly an excuse which is not liable to be entertained [Read Judgment]

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HC reiterates arrest should be the last option and it should be restricted to exceptional cases where arresting the accused is imperative in the facts of that case [Read Judgment]

Delhi High Court

HC: Newspaper reports are of no evidentiary value; Courts would be clearly transgressing their well-settled limitations if cognizance were to be taken of such reports [Read Judgment]

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HC: Section 26 IPC explicates that a person is said to have ‘reason to believe a thing if he has sufficient cause to believe that thing but not otherwise [Read Judgment]

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HC: Power under O38R5 CPC is a drastic and extraordinary power; such power shoul...

Income Tax Returns

HC: Denying the benefit of immunity on the ground that penalty was initiated und...

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Can a Consumer Court direct the Builders to Refund & Compensate Buyers on failur...

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SC on Landlord - Tenant Disputes: Courts shall not grant Leave to Defend casually unless Triable issues are raised, Read Judgment

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No need for Judges of SC and HCs to seek Political clearance from Govt for Private Foreign visits, Read HC Judgment

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HC: Once issuance of a cheque and signature hereon are admitted, the presumption of a legally enforceable debt in favor of the holder of the cheque arises [Read Judgment]

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SC reiterates that no direction can be issued by the HC for absorption/regularisation of the employees who were appointed in a temporary unit [Read Judgment]

SC: Where enquiry is improper/violates the princip... ...

SC observes that parties cannot be permitted to ta... ...

SC permits NDMA to carry out the random scrutiny o... ...

SC reiterates State or its functionaries cannot be... ...

SC orders Consent Award cannot be the basis to awa... ...

SC: If prima facie seen that the suit is barred by... ...

Tribunal under Senior Citizens Act to ensure a dig... ...

Unless there is real Danger to Life there can't be... ...

Apex Court reiterates Judgment must have clarity o... ...

Supreme Court

SC expounds Admissibility of additional evidence depends upon whether or not the appellate court requires the evidence sought to be adduced to enable it to pronounce judgment or for any other substantial cause [Read Judgment]

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SC expounds ‘Even if the valuer’s report was for commercial use/commercial property, the mesne profits could not have been mechanically reduced by 50% by the HC’ [Read Judgment]

Delhi High Court.jpeg

HC: The Court's review of the arbitration agreement should be limited to a prima facie standard is the principle of competence [Read Judgment]

Can a Husband claim Maintenance from his Wife? YES says HC, Read Judgment

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Apex Court reiterates mere non-framing of Charge u/S 149 IPC will not vitiate conviction in absence of any prejudice to the Accused [Read Judgment]

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HC expounds ‘policy did not stipulate or mandate the insured producing the three remote keys in order to substantiate a claim of theft’ [Read Order]

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HC: Conviction under Sec.306 IPC can't be sustained unless Positive act of Instigation is established, Read Judgment

HC: Unmarried Daughter can invoke Hindu Adoption & Maintenance Act to claim Marriage Expenses from Parents, Read Judgment

Appeal

SC on Appeals: Practice of Remanding the Case back to Trial Court not correct, Read Judgment

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Can a Registrar suspended an Asstt. Professor and initiate Disciplinary Proceedings? NO says HC, Read Judgment

Rajasthan High Court

Continue the present system, no need to print A4 size paper on both side– Administrative Committee to Rajasthan HC

Madras High Court

Madras High Court imposed condition of assisting ward boys in Government Hospital to a youth alleged in bike racing

Andhra Pradesh High Court.png

License has to be treated as contract and the matter of extension is purely a matter of discretion of the Government – Andhra Pradesh High Court

Delhi High Court

HC: Tax authorities are eligible to grant stay on deposit of amounts lesser than twenty percent of the disputed demand in the facts and circumstances of a case [Read Judgment]

Income Tax Act,1961

HC: Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Income Tax Act [Read Judgment]

order

HC: In any event, it is not open to a High Court to distinguish a judgment of the Apex Court especially when the latter is clear and categorical [Read Judgment]

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HC: The expression ‘human rights’ cannot be given a narrow or pedantic meaning; Human rights are both progressive and transformative [Read Judgment]

NHAI

HC expounds NHAI does not press its challenge to award of interest, this Court is refraining from making any objection in regard to award of interest [Read Judgment]

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HC: It appears to be a case of matrimonial discord where the small child may be used as an instrument by the complainant to settle scores with the petitioner [Read Judgment]

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