Civil Law - Stamp Act – Validation of Document – Photocopy of Agreement – Admissibility – Civil Judge allowed validation of a photocopy of agreement to sell dated 05.03.2018 by directing payment of deficient stamp duty and penalty – Held: Contrary to law – Sections 33 and 35 of the Indian Stamp Act apply only to original instruments – Photocopies, even if ...
Matrimonial Law – Divorce on Ground of Cruelty – Remand – Respondent-husband’s divorce petition was initially dismissed by the trial court – High Court reversed the finding and granted divorce on ground of cruelty based solely on oral testimony of the husband – Supreme Court found that the High Court failed to consider key questions including whether the appella...
Inter-State Water Dispute – Cauvery Water Sharing – Mekedatu Project – Tamil Nadu’s challenge to Karnataka’s preparation of DPR for Mekedatu Dam rejected – Supreme Court held: Karnataka only permitted to prepare DPR, subject to expert scrutiny and approval by CWMA – No interference warranted at this stage – Application filed by Tamil Nadu found prema...
Public Contracts – Letter of Intent – Legal Nature – A Letter of Intent (LoI) is not a concluded contract and does not create enforceable rights unless conditions precedent are fulfilled – In this case, the LoI expressly stated that award of contract was subject to technical compliance, demonstration, and execution of agreement – Held: No concluded contract arose &nda...
Motor Vehicles Act – Road Accident Victim Treatment – Section 162 MV Act – Cashless Treatment – Amicus Curiae and applicants sought directions to operationalize a scheme under Section 162(1) for post-discharge cashless treatment of accident victims and reimbursement of expenses – Court referred the matter to Justice A.M. Sapre Committee to examine implementation mecha...
Civil Law – Vakalatnama – No Instruction Pursis – Not Withdrawal – Counsel for defendant filed pursis claiming no instructions without formally withdrawing Vakalatnama – Trial Court decreed suit without issuing notice to litigant – Appellate Court held that absence of clear withdrawal or proof of non-service of RPAD notice cannot be grounds for remand – Hi...
Sales Tax – Definition of Dealer – Club Activity – Profit Motive – Not Established – Exemption Granted – Respondent Hyderabad Race Club engaged primarily in horse racing – Petitioner State contended that activities like sale of oats, tender forms, and food items amounted to business – Held: Club not operating with profit motive – Transactions i...
Civil Law – Temporary Injunction – Prima Facie Case – Balance of Convenience – Irreparable Injury – Rejection Upheld – Appellants filed suit for declaration and possession claiming title through registered sale deed of 1957 – Sought injunction against construction over suit property allegedly by temple trust – Trial court found no prima facie case, n...
Senior Citizen Law – Eviction of Legal Heirs – Beneficial Legislation – Petitioner, an 80-year-old senior citizen, challenged the order of the Appellate Authority setting aside eviction of his daughter and her family from second floor of property – Appellate Authority held eviction unjustified as no ill-treatment or non-maintenance was proved – Held: Such a requiremen...
Taxation Law - Sales Tax – Trademark – Assignment of Intangible Asset – Situs of Trademark – Transaction Held as Export – Not Taxable Under State Sales Tax Law – Brand Acquisition Agreement transferring ownership of registered trademark ‘Crocin’ from Indian company to UK-based entity executed in London – Held: Trademark, being an intangible ass...