Taxation Law – Central Sales Tax Act, 1956 – Dispute over classification of transactions as Inter-State Sales or Stock Transfers – Challenge to assessment by State of Haryana imposing tax on transactions treated as inter-State sales – High Court examines whether movement of goods from Haryana to Bihar under an agreement constituted a sale or stock transfer – Held: Sup...
Tender Process – Judicial Review – Kerala High Court quashed the award of tender due to preferential treatment: Challenge to the award of a tender by the Thrissur Municipal Corporation to the sixth respondent. The petitioner, the only technically qualified bidder initially, argued that the fifth respondent unlawfully granted the sixth respondent additional time to submit required docum...
Intellectual Property Law - Trademark Infringement - Film Titles - The plaintiff, co-owner of the film franchise "Aashiqui," sought to prevent the defendant from using the title "Tu Hi Aashiqui" for its proposed film. The court examined whether the title "Aashiqui" is generic or common to trade and found that the term, while suggestive of romance, has acquired distinc...
Civil Procedure – Second Appeal – Scope of Interference – Court reiterated the limited scope of interference in second appellate jurisdiction under Section 100 CPC – Findings of fact by lower courts cannot be disturbed unless there is clear perversity – Appeal dismissed as no substantial question of law arose [Paras 16-22].
Specific Performance – Re...
Habeas Corpus – Child Custody – Jurisdiction of Writ Court – The Calcutta High Court dealt with a habeas corpus petition filed by the father seeking custody of his two minor children from the mother. The petition alleged that the mother had wrongfully removed the children from Kolkata to Bhopal and was unlawfully detaining them. The Court noted that the paramount consideration in...
Wills – Conflicting Wills – Validity and Proof – The appeal dealt with the validity of two wills executed by Bangaru Viswanadham. The plaintiffs supported the will dated March 17, 1994, which was registered, while the defendants supported an unregistered will dated April 25, 1994. The court held that the will dated March 17, 1994, was validly executed in accordance with the law. ...
Tender Process – Disqualification of Bidders – Judicial Review – Petitioners challenged their disqualification from a tender process for the supply of food kits during the Gauri-Ganpati Festival – The High Court upheld the decision of the Technical Evaluation Committee to disqualify the petitioners for failing to meet the eligibility criteria under condition PQ5 of the tend...
Contempt of Court – Non-Appearance of Counsel – Supreme Court addressed the issue of counsels marking online appearances in proceedings without being physically or virtually present – Court emphasized that only those advocates who are actively participating in the hearing, either in person or via video conferencing, should be allowed to mark their presence online – The Cour...
Contract Law – Specific Performance of Agreement of Sale – Appeal against trial court’s decree for specific performance – Dispute regarding nature of the agreement (sale vs. mortgage) – Defendant’s claim of mortgage arrangement rejected due to lack of evidence – Plaintiff's readiness and willingness to perform contractual obligations established &ndash...
Mortgage by Deposit of Title Deeds – Creation of Security – Equitable Mortgage – Appellant claimed a mortgage was created by the respondent by depositing title deeds as security for a loan. The Single Judge held that a valid mortgage had been created under Section 58(f) of the Transfer of Property Act. However, the Division Bench reversed the judgment, concluding that the evidenc...