Specific Relief – Specific Performance – Concurrent Findings – Second Appeal – Plaintiff sought enforcement of agreement of sale dated 17.09.1998 – Trial Court decreed suit and First Appellate Court confirmed decree – Defendant admitted execution of agreement but pleaded it was nominal and executed for loan – High Court held that execution of agreement and...
Lease – Eviction – Expiry of Lease by Efflux of Time – Registered lease deed dated 02.09.2002 executed for fifteen years – Lease period admittedly expired on 01.09.2017 – Plaintiff sought eviction on ground of expiry and non-renewal – Defendants contended renewal clause in lease deed – Held: Lease stood terminated by efflux of time and defendants became un...
Criminal Law – Circumstantial Evidence – Murder Case – Acquittal – Appellant convicted by Trial Court for murder of his wife by assault with a gas cylinder – Case admittedly resting on circumstantial evidence with no eye-witness – High Court reiterated settled principles governing appreciation of circumstantial evidence requiring complete and unbroken chain poin...
Civil Procedure – Counter-Claim – Reply to Counter-Claim – Failure to File – Plaintiff failed to file reply to counter-claim and replication to written statement within prescribed time – Trial Court struck off defence – Revision petition filed challenging curtailment of right [Paras 1-2].
Counter-Claim – Nature – Treated as Plaint &ndash...
Labour Law - Industrial Disputes – Wage Revision – Onward Revision of Wages and Allowances – Tribunal Award Set Aside – Tribunal answered reference in favour of workmen on revision of wages and additional dearness allowance – High Court held that Tribunal failed to analyze oral and documentary evidence and jumped to conclusions by merely reproducing Supreme Court prec...
Domestic Violence Act – Quash Petition – Supervisory Jurisdiction under Article 227 – Petitioners (husband and parents-in-law) sought quashing of D.V. complaint on the ground that averments did not warrant issuance of process – Held: High Court ought not to exercise supervisory jurisdiction at threshold to quash D.V. proceedings – Aggrieved respondents must raise issu...
Matrimonial Dispute – Divorce on Ground of Cruelty – Allegations of Alcoholism and Misconduct – Wife alleged that husband was addicted to alcohol, suspected her fidelity, abused and ill-treated her and children – Husband denied allegations and counter-alleged misbehaviour by wife towards his parents – Held: Mere allegations without corroborative evidence are insuffici...
Taxation Law - Customs Act – Undervaluation of Imported Goods – Acceptance of Enhanced Value – Appellant imported Dryers, Heaters and Coolers and declared value which was later found to be understated – Investigation revealed non-inclusion of design charges forming part of transaction value – Appellant accepted enhanced valuation and paid differential duty without cha...
Civil Writ - SARFAESI Act – Priority of Secured Creditor – Refusal to Register Sale Deed – Bank conducted e-auction of secured asset after borrower defaulted and deposited full sale consideration – Sub-Registrar refused registration citing later attachment for State tax dues – Held: Secured creditor’s charge created earlier in time has priority over subsequent a...
Trademark Law - Infringement - Passing Off - Well-Known Mark - Section 159(5) of Trade Marks Act, 1999 - Interim Injunction - The use of a deceptively similar mark, even for different services, by a defendant with knowledge of the plaintiff's well-known registered trademark, constitutes infringement and passing off, warranting an interim injunction- The "saving" provision of Section ...