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  Jurisdictional error can not result in exoneration of liability. Courts can quash the order passed by an incompetent authority and remand the matter back for fresh adjudication. Madras High Court.

  • 15-April-2022
  • Daksha Legal
• 

  Adverse possession explained. The same based on the theory or presumption that the owner has abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession. Supreme Court.

  • 09-April-2022
  • Daksha Legal
• 

  Complaint u/s 138 N.I. Act filed without application to condone delay. Limitation issue raised for the first time in appeal. Appellate Court can send matter back to trial court by permitting complainant to file necessary application. Karnataka High Court.

  • 09-April-2022
  • Daksha Legal
• 

  Plaintiff in a suit cannot array defendant as represented by GPA holder with address of the said GPA holder without showing address of the defendant. Karnataka High Court.

  • 09-April-2022
  • Daksha Legal
• 

  Child adopted by a widow can not claim property of widow's husband since the principle of relation back does not apply in view of Section 12 of the Hindu Adoptions and Maintenance Act, 1956. Bombay High Court.

  • 09-April-2022
  • Daksha Legal
• 

  Party who enjoys interim order is bound to lose such benefit when the case goes against him. Ad hoc payment made by employer pursuant interim order can’t treated as wages under Section 2(s) of the Payment of Gratuity Act, 1972. Supreme Court.

  • 09-April-2022
  • Daksha Legal
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  Specific performance. When the contract itself suffers from some defect which makes the contract invalid or unenforceable, the Court can not make a contract for the plaintiff. Supreme Court.

  • 09-April-2022
  • Daksha Legal
• 

  ‘’STIMULATES MIND. ENERGIZES BODY’’ Tagline is not deceptively similar to ‘’VITALIZES BODY AND MIND’’. Delhi High Court refuses interim injunction to Red Bull AG against PepsiCo India.

  • 09-April-2022
  • Daksha Legal
• 

  When a compromise is filed before the Court, only that Court must record the compromise. The matter cannot be referred to the Lok- Adalat. Karnataka High Court.

  • 08-April-2022
  • Daksha Legal
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  Even if the goods are not produced or sold in India, plaintiff can establish reputation in India and seek an order of injunction against infringement of its registered trademark. Delhi High Court.

  • 08-April-2022
  • Daksha Legal
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  Son-in-law cannot claim right over property of his father-in-law. Claim of being adopted as member of in-laws family is shameful. Kerala High Court.

  • 08-April-2022
  • Daksha Legal
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  Merely because charge sheet did not accompany FSL report, accused cannot contend that he is entitled for bail especially when Police report with necessary details is filed within time. Karnataka High Court.

  • 07-April-2022
  • Daksha Legal