Pre-emption Proceedings and Title Disputes – Rejection of an amendment to a pre-emption application that sought to introduce questions about the title and share entitlement over land sold – Original application filed under Section 8 of the West Bengal Land Reforms Act based on non-notification of sale to a co-sharer and a misstated sale price – Amendment aimed to challenge the ve...
Arbitration Proceedings - Non-filing of Written Statement of Defence - Dismissal of Application under Section 151 CPC for Placing Documents on Record - High Court dismisses application under Section 151 CPC for placing documents on record, as the appellant failed to file a written statement of defence before the Arbitrator during arbitration proceedings. No cogent reason provided for the belated s...
Trademark Infringement - Plaintiff, Red Bull AG, asserts ownership of the 'RED BULL' trademark for energy drinks - International recognition of the mark - Defendants use an identical silver and blue color combination for 'SEVEN HOURS' energy drinks - Plaintiff seeks protection - Court grants an ad-interim ex-parte injunction against Defendants' manufacturing with the similar co...
Family Law – Divorce – Appellant seeking divorce on grounds of cruelty and desertion – Trial Court dismissed the petition – Appellant challenges the judgment – Clubbing of issues by Trial Court not erroneous – Evidence supports that the wife was left in her parental home when she was ill and efforts to bring her back were resisted by the appellant and his family...
Civil Appeal – Suit for specific performance of an agreement for sale – Defendant’s contention that the property was sold to K.S.Thankachan, a nominee of the plaintiff, not pleaded in the written statement and not proved by evidence – Variation between pleadings and evidence – Well-settled principle that parties must adhere to their pleadings – Relief cannot be ...
Delay in filing written statement - Strike off of defence - Civil revision petition under Article 227 of the Constitution of India - Petition filed by defendants seeking to set aside order striking off their defence for failure to file written statement within 90 days - Plaintiff filed suit for recovery of Rs.15,96,501/- along with interest @ 12% p.a. - Defendants alleged to have good family and b...
Copyright Law – Licensing and Royalty Payments – Commercial Exploitation of Sound Recordings – Whether Vodafone Idea Limited is required to obtain a license from IPRS and pay royalties before commercially exploiting musical and literary works incorporated into sound recordings. Held, Vodafone is statutorily obliged to procure licenses from IPRS and pay royalties, even if it has e...
Transfer Petition – Transfer of a petition under Section 13(1)(ia) of the Hindu Marriage Act from Family Court, Amritsar to Camp Court Patti, Tarn Taran – Petitioner’s claim of the minor girl child being in her custody – FIR registered under Sections 498-A, 406, 120-B IPC – Mediation proceedings failed – Convenience of the female litigant – Economic soundn...
SARFAESI Act – Validity of orders under Sections 13(2) and 14 – Borrowers challenging the validity of orders under Sections 13(2) and 14 of the Sarfaesi Act – Debtor challenging the legality of orders passed by the Debt Recovery Tribunal and Debt Recovery Appellate Tribunal – Principles of natural justice violated during the proceedings – Matter requires further exami...
Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]
Constitutionality of Bye-Elect...