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Others Judgments and Orders

The Poultry business was a joint venture and not the sole proprietary

 22 June 2020

The court held that the business was a joint venture and not the sole proprietary concern of the Appellant No. 1. There is no document in writing to prove partnership. Accounts had not been demanded by the plaintiffs or the defendant no. 3 for a long..

Posted in Others |   707 hits

Rajasthan HC: Change of lawyer not a valid ground u/s. -311 cr.p.c. for again cross examining the prosecutorix

 21 June 2020

In the case of Mukesh Kumar v. the State of Rajasthan, a petition was filed under Section 482 Cr.P.C. by the petitioner against the order dated 20.08.2018 passed by the trial court, whereby, the application filed by the petitioner under Section 311 ..

Posted in Others |   483 hits

Whether DV act proceedings can be initiated against grandsons to claim monetary and medical relief

 19 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 maintenan..

Posted in Others |   630 hits

Violation of principles of natural justice by BCCI Commissioner under Rule 38

 19 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 |   654 hits

Mortgage debt found to be for valuable consideration. not hit by s9A(10)(ii)(b)

 19 June 2020

Following the order of the High court, it was held that the family transferred the mortgage interest in trust to the charity for valuable consideration within the meaning of s. 9-A(10)(ii)(b) of the Act and the mortgage deed was not liable to be scal..

Posted in Others |   2523 hits

Triple Talaq Case

 19 June 2020

The Court however chose to examine the issue of ITT alone. The Union of India supported the petition. Among the others who intervened in this case, the All India Muslim Personal Law Board and the Jamiat Ulema-e-Hind argued that the Court did not have..

Posted in Others |   664 hits

Exception 2 to Section 375 of the IPC is violative of Article 14, 15 and 21 of the Constitution of India

 19 June 2020

In its judgement, the Supreme Court held that the Exception 2 to Section 375 of the IPC (in so far as it relates to a girl child below 18 years) was liable to be struck down as it was violative of Article 14, 15 and 21 of the Constitution of India as..

Posted in Others |   2166 hits

Copyright in ideas, plots or themes?

 19 June 2020

The present judgment is a landmark decision of the Supreme Court of India in the field of copyright law.The case is concerned with a copyright infringement suit against the movie New Delhi made by Mohan Sehgal in 1954...

Posted in Others |   2457 hits

Performer’s rights under copyright law before 1994 amendment

 19 June 2020

Until the 1994 amendment, no performers right were available to the performer under the Copyright Act, 1957. The only reason why the performance of a performer was not protected under the copyright Act was that it was not a ‘work’ within the definiti..

Posted in Others |   3710 hits

Doctrine of Privity of consideration is not applicable in the Indian context

 19 June 2020

The Hon’ble Court observed that according to section 2(d) of the Indian Contract Act (1872), it is clear that in a valid contract the consideration need not flow from the promisee only. It could flow from any other person who is not a party to such c..

Posted in Others |   1375 hits

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 |   672 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 |   511 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 |   597 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 |   2074 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 |   3907 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 |   777 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 |   685 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 |   687 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 |   668 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 |   527 hits