Insurance contract – Deficiency in service – Home loan sanctioned on pre-condition of life insurance policy – Bank acting as an agent for insurance company – Premium accepted and retained after normal medical test results – Malafide actions by insurance company after death of insured – Ante-dated letter issued post death intimation – Refund of premium foll...
Excise Duty – Modvat Credit – The appellant claimed Modvat credit on 'Guide Cars' under Rule 57Q, asserting they were 'components' of Coke Oven Battery – The classification of 'Guide Car' by the supplier under Chapter sub-heading 8603.00 was upheld – 'Guide Car' found not to be an integral part of Coke Oven Battery but distinct equipment used...
Stamp Duty – Agreement to Sell – Possession – The agreements in question did not convey possession of the immovable property, as the plaintiff was already in possession prior to execution – Entry No. 5 (cc) of Schedule 1-A applicable under Punjab Stamp Act requires stamp duty on agreements evidencing delivery of possession – The trial court and High Court's orders...
Negotiable Instruments – Vicarious Liability – Section 141 of the NI Act – The High Court should not quash proceedings under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that a director/partner was not involved with the issuance of the cheque – The complainant must make specific averments regarding the role of the accused partner – Abse...
FRIVOLOUS LITIGATION – Deterrence against – Need for – Frivolous litigation poses a significant challenge to the judicial system, consuming valuable time and resources that could be better utilized for legitimate cases – Imposition of costs as a strong deterrent against vexatious, frivolous, and speculative litigations or defenses – Costs acting as an incentive for co...
Trademark Infringement and Passing Off - Dispute over use of the mark 'JINDAL' by the defendants. The plaintiff, Jindal Industries Pvt. Ltd., holds registered trademarks for the word 'JINDAL' and contends that the defendants' use of similar marks infringes on their registered trademarks and amounts to passing off [Paras 2, 5, 42, 43, 45].
Analysis of Section 35, Trade Marks ...
Motor Vehicles – Compensation – Enhancement – The claimant, who worked in the Merchant Navy, suffered an amputation of his right arm below the elbow, resulting in 70% disability – The High Court enhanced the Tribunal's compensation award to ₹1,482,000 but considered the claimant's income at ₹18,000 per month, assuming he worked only six months a year – Thi...
Education – Fundamental Right – Article 19(1)(g) – The right to establish educational institutions is a fundamental right under Article 19(1)(g) – Reasonable restrictions on this right can be imposed only by a law enacted by the legislature, not by an executive resolution or instruction – The Pharmacy Council of India's moratorium on the opening of new pharmacy co...
Constitutional Law – Domicile and Allocation – Respondent, a state cadre officer, contested his allocation to Andhra Pradesh after the bifurcation of the state – Claimed right to be allocated to Telangana based on his domicile and spouse’s employment in Telangana – High Court upheld his claim – Supreme Court affirmed, emphasizing harmonization of allocation guid...
Securities Law – SEBI Investigation – Non-compliance with Summons – Appellants were under investigation for aiding and abetting market manipulation by Ketan Parekh – Failed to comply with multiple summons issued by SEBI requiring the production of documents and information – SEBI imposed penalties under Section 15A(a) of the SEBI Act – SAT upheld SEBI’s de...