Intellectual Property Law – Patent Infringement – Olaparib Patent Dispute – The court considered the matter involving alleged infringement of Indian Patent IN 228720 (IN’720), owned by Kudos Pharmaceuticals Limited, by Natco Pharma Limited through the manufacturing and sale of a generic version of Olaparib. [Para 1-7]
Infringement of Patent – held –...
Property Rights - Demolition of Unauthorized Constructions - Land Ownership - Scheme for Alternative Accommodation - The Supreme Court adjudicated on a special leave petition arising from a judgment of the High Court concerning the demolition of unauthorized constructions on government-owned land. The petitioner, not claiming ownership, was directed to vacate the premises by a specified date. The ...
Property Ownership Dispute - Contest over ownership and possession of a house in Ishwaripura Ward, Katni - Plaintiff, Savitri Bai, claimed ownership based on a registered Sale Deed dated 18.01.1979, whereas the first defendant asserted her possession through a Will dated 23.03.1977 - Trial court and First Appellate Court sided with the first defendant, but High Court favored the plaintiff - Suprem...
Amendment of Plaint in Partition Suit – High Court allowed respondents No. 1 and 2 to amend plaint for declaring a compromise decree as null and void – Appellant challenged this amendment, arguing it changed the nature of the suit from partition to declaration and was impermissible at the trial's end stage. [Paras 2, 3, 3.1]
Legal Principles on Amendment and Trial &nda...
Income Tax – Deduction of Tax at Source – Section 194-H – The Supreme Court clarified the applicability of Section 194-H of the Income Tax Act, 1961, concerning tax deduction at source on commission or brokerage payments. The issue involved the assessment of whether cellular service providers were liable to deduct tax at source on the income/profit component in the payments recei...
Compassionate Appointment - Writ Petition - Denial of appointment as Junior Engineer (Civil) on compassionate grounds - Petitioners, wife, and son of deceased KSRTC employee, seek appointment for the son on compassionate grounds following the death of the father who was a senior driver in KSRTC - Petitioners contend that they are entitled to appointment as per the scheme existing at the time of th...
Civil Death Declaration – Suit by Legal Heir – Missing Husband for Over 13 Years – Appellant sought the declaration of her husband's civil death under Section 108 of the Evidence Act due to his 13-year absence to claim service benefits – Initial suits dismissed due to non-inclusion of Electricity Department and lack of specific consequential relief claims [Paras 3-5, 9,...
Erroneous Date of Birth Entry - Visually Impaired Candidate's Candidature Rejected - The petitioner, a 100% permanently visually impaired candidate, faced rejection of her candidature for the post of Assistant in Level-1 in 'D' grade due to an incorrect date of birth entry made inadvertently by a helper at an internet cafe [Paras 3, 12].
Legislative Protection for Persons ...
Curative Petition Procedure and Maintainability - Question of maintainability of curative petitions after open court dismissal of review petitions - Analysis of Rule 5 of Order XV and Rule 2(1) of Order XLVIII of the Supreme Court Rules, 2013 - The Registrar's refusal to register curative petitions based solely on the ground of review petitions being dismissed in open court found to be inappro...
Landlord-Tenant Dispute – Resolution of dispute between petitioners (landlords) and respondent (tenant) concerning the demised premises, with the landlord being a Trust and the tenant occupying under a lease dated 01.10.1972 – Rent initially Rs. 2,000/-, enhanced to Rs. 3,328/- [Para 2].
Settlement Terms Agreed by Parties – Tenant agrees to ejectment order based on grounds in ...