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Others Judgments and Orders

Rummy is a game of skill and therefore gambling law should not apply

 15 June 2020

The Supreme Court held that Rummy (a 13-card game) requires certain amount of skill as the cards have to be memorized, there is holding and discarding of cardsand therefore it cannot be said that the game of Rummy is a game of entire chance. As the E..

Posted in Others |   806 hits

Burden of proof regarding the athlete's lack of intent involving the use of a non-specified substance

 15 June 2020

The CAS upheld the appeal filed by WADA and set aside the decision of NADA Anti-Doping Disciplinary Panel. They confirmed that Mhaskar Meghali has committed an Anti-Doping Rule Violation as the athlete was just guessing how the substance must have en..

Posted in Others |   522 hits

The judgment revolves around "Gaming","Gambling" and "Betting"

 15 June 2020

Any restriction imposed upon the fundamental rights of the citizens must be just fair and reasonable. Any unreasonable intrusion into these rights will be ultra vires of the Constitution, as in the present case horse riding which involves substantia..

Posted in Others |   2470 hits

The Case of the S.S. "Lotus"

 13 June 2020

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Posted in Others |   2067 hits

Difference between void and voidable contracts

 13 June 2020

The court held that by going into the facts of the case it is clear that the appellant was made to sign the deeds by fraud. She believed that she was signing the gift deed. The Court was of the view that HC in its view, rightly held that the remedy o..

Posted in Others |   1369 hits

Plaintiff cannot sue as a stranger to the agreement

 13 June 2020

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Posted in Others |   516 hits

Suit was valid, plaintiff entitled to costs

 13 June 2020

The court considered the current contract to be a perfectly valid contract and with good consideration. It was held that plaintiff and other persons interested could sue for the amount subscribed and defendant has to pay the money promised. Hence, th..

Posted in Others |   645 hits

Validity of removal of office of a Councillor after the election results were announced

 13 June 2020

Being affected by a disease is no sin or crime. However, adding on to the misery if that disease is communicable the patient will have to distant himself from the fellow beings. This not just affects his mental health but also leaves a traumatic impa..

Posted in Others |   550 hits

Case Analysis of Dulla Singh vs. Bachan Singh

 13 June 2020

The Court while dismissing the appeal and upholding the findings of the lower courts, ruled that Bhagwan Kaur cannot be held accountable for preferring her brother over the collaterals of her husband. The contentions of the appellants were observed t..

Posted in Others |   568 hits

Whether maintenance to be awarded could be from the date of the order

 13 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 |   510 hits

Right of a women to inherit the property of her deceased husband cease on remarriage of the women

 13 June 2020

The court observed, at the time, Respondent having re-married in 1962 prior to the death of Atmaram, it cannot be said that respondent-Rahubai has inherited share of deceased defendant no.1-Atmaram after his death. At that time provisions of Section ..

Posted in Others |   726 hits

Scope of moral rights of an author u/s - 57

 13 June 2020

The present case is a landmark Indian case decided by Delhi High Court, which for the first time dealt with the moral rights of an author under the Copyright Act and awarded damages. The judgment gives a new aspect to the right of integrity. It is cl..

Posted in Others |   1044 hits

Copyright in respect of Concept Note

 13 June 2020

In India, the Court for the very first time held that concept note can be a subject matter of copyright protection under the Copyright Act and that it must be ensured that the persons who create an original idea/concept or theme are rewarded for thei..

Posted in Others |   2728 hits

Allahabad High Court: Detention of a person beyond quarantine period violates article 21 of the Constitution of India

 12 June 2020

The present case was filed before the Allahabad HC by Shaad Anwar seeking release of the members of Tablighi Jamaat who were quarantined and have completed the quarantine period. ..

Posted in Others |   523 hits

Unreasonable to deny relief of divorce to the spouse who did not comply with the decree of restitution passed in his or her favour

 12 June 2020

The Court while dismissing the appeal and upholding the order of the High Court, held that it would be unreasonable to disentitle the Respondent to the relief she asked for, only on the ground that she did not respond to the Appellant’s invitation to..

Posted in Others |   1888 hits

Was it misrepresentation or mistake of fact?

 12 June 2020

The court held that the appellants are not entitled to any relief in the realm of the law of contracts. In spite of having acquired knowledge of the true facts assuming that there was any mistake or misrepresentation to begin with and having learnt t..

Posted in Others |   1701 hits

Whether a domestic violence complaint cannot be maintainable in court, if the parties are not living together in a shared house

 12 June 2020

The Supreme Court reiterated the High Court’s statement and dismissed the petition as the ingredients of domestic violence was absent in the case as the petitioners and respondents are not persons living in a shared household...

Posted in Others |   1275 hits

Whether Qualification And The Capacity To Earn can be a Ground To Deny Interim Maintenance To Wife

 12 June 2020

The Hon’ble court held that the Qualification and the Capacity to Earn cannot be a Ground to deny Interim Maintenance to the wife who is dependant and does not have any source of income...

Posted in Others |   718 hits

Rights are protected in works, not in ideas, themes or plots

 12 June 2020

From the present case, it is clear that copyright subsists in work, not in ideas, themes or plots. The idea is not a subject matter of copyright, and the copyright is not infringed if someone takes the idea and develops his own work...

Posted in Others |   6643 hits

Can Husbands Claim Alimony?

 12 June 2020

While determining the facts of the case, the Court made the following key observations pertaining to maintenance claim by husband,..

Posted in Others |   806 hits