Taxation Law - Central Excise – Manufacture – Containerized Gensets – Transformation and marketability test applied – Held: Process amounts to “manufacture” under Section 2(f) – Excise duty payable – Appeals dismissed [Paras 21, 33, 50-53].
Central Excise – Manufacture – Section 2(f), Central Excise Act, 1944 – Process of contain...
Civil Law - Execution of decree for injunction – Executing Court wrongly dismissed application under Order 21 Rule 32 CPC – High Court held even prohibitory injunction enforceable in execution; demarcation can be directed – Order set aside, matter remanded [Paras 7–13].
Civil Procedure – Order 21 Rule 32 CPC – A decree for permanent injunction can be executed...
Copyright Infringement – Film piracy – Dynamic+ injunction – Websites restrained from illegally streaming Plaintiff’s film “Jolly LLB 3” – Domain registrars, ISPs, DoT and MeitY directed to block infringing domains – Strong interim relief granted considering imminent release [Paras 34–43].
Commercial Courts Act – Pre-institution Mediat...
Specific Performance – Readiness and Willingness – Section 16(c), Specific Relief Act – Specific Performance Denied – Plaintiff failed to demonstrate financial capacity or readiness to perform obligations under agreement – Held: Plaintiff did not have funds or financing to pay remaining ₹1.75 Cr – Failure to establish readiness and willingness bars specific pe...
Criminal Writ – PIL - Constitutional Validity – Section 376DA IPC – Challenge to mandatory life imprisonment “for remainder of natural life” – Question left open – Petitioner assailed the provision as arbitrary and violative of Articles 14 & 21 for excluding judicial discretion and mitigating circumstances – Court held that validity cannot be exa...
Criminal Law – Unlicensed Firearms – Suo motu action by Supreme Court – Issue of proliferation and widespread use of unlicensed firearms noticed during hearing of SLP involving Section 302 IPC – Court highlighted that unlike U.S. Constitution, Indian Constitution does not confer a fundamental right to bear arms – Preservation of life under Article 21 necessitates stri...
Negotiable Instruments – Dishonour of Cheque – Secondary Evidence – Xerox copy of cheque permitted as secondary evidence when original was produced, verified, endorsed and later lost – Trial Court order refusing secondary evidence set aside.
Evidence Act – Secondary Evidence – Sections 63 & 65 – Principles reiterated – General rule requires pr...
Probate—Escheat—Locus of State—Sections 8–13, 29, 30 HSA; Sections 63, 263 IS Act—State has no standing to assail probate where Will stands proved and probated—Grant of probate renders escheat inapplicable; Government is a stranger to probate/succession proceedings unless there is failure of heirs upon intestacy—SLPs by State dismissed on locus—Expla...
Court Fees — Declaratory suit with injunctions relating to property — Injunction relief not independent of declaration — Market value basis applicable — Petition dismissed; impugned order upheld [Paras 2.1–2.4, 5-7].
Court Fees — Declaratory relief vs Cancellation — Distinction clarified — As per Suhrid Singh v. Randhir Singh (SC), executant must ...
Consumer Protection — Locus of “Complainant” — Brother filing on behalf of widow/children — Mother (Class-I heir) already co-petitioner — Liberal construction of welfare statute — Complaint maintainable — Petition under Article 227 dismissed; NCDRC requested to expedite final disposal [Paras 1, 8-18, 20-31, 32].
Consumer Protection &mdas...