Category: Civil
Bombay HC: Plaintiffs Must Use Registered Trademark to Claim Infringement
Judicial Interpretation The key judicial interpretation, found in paragraphs 26-28, clarifies that a plaintiff claiming trademark infringement must actually use their registered trademark. The Court [more…]
Supreme Court Upholds Penalty on Insufficient Stamp Duty in Specific Performance Case
Judicial Interpretation The key judicial interpretation, found in paragraphs 8-9, clarifies that when a party invites the court to decide under Section 34(1) of the [more…]
Time Extension for Deposit in Specific Performance Cases: SC’s Latest Ruling Execution Court’s Powers in Specific Performance Decrees
Judicial Interpretation The key judicial interpretation, found in paragraphs 15-19, clarifies that the Execution Court, being the court of first instance, has jurisdiction to deal [more…]
Supreme Court Clarifies Rules on Stamp Duty and Penalties and Explain When Court can Impose Maximum Stamp Duty Penalties..
Judicial Interpretation The key judicial interpretation, found in paragraphs 21-21.8, outlines the steps to be followed under Sections 33, 34, 35, 37, and 39 of [more…]
Test Drive Gone Wrong: Who’s Responsible for the Damages? Manufacturer Can’t Shift Accident Liability to Dealer, Says Supreme Court
Judicial Interpretation The key judicial interpretation, found in paragraphs 19-20, is that the ‘owner’ of a vehicle is not limited to the categories specified in [more…]
Is Personal Testimony Crucial in Specific Performance? SC Explains!
The Court held that the agreement to sell was void as it was not executed by all co-owners and the plaintiff’s non-appearance in the witness box undermined his case for specific performance of the contract (paras 6-7).
Is Possession Key for Hindu Female Ownership? SC Explains!
The Court held that the lack of possession by Smt. Nandkanwarbai or her adopted son, Kailash Chand, meant they could not claim ownership under Section 14(1) of the Hindu Succession Act, rendering the Revenue suit for partition unsustainable (paras 26-27).
Can Rajasthan State Collect Stamp Duty on Insurance Policies? SC Explains!
The Court emphasized that while only the Parliament can prescribe the rate of stamp duty on insurance policies under Entry 91 of List I, the states have the power to impose and collect the duty as per the rate prescribed by Parliament (paras 9-19).
SC: All Parties Must Be Heard in ‘Minutes of Order’ Cases
The Supreme Court clarified that the practice of passing orders based on “Minutes of Order” requires careful consideration to ensure all necessary parties are impleaded and that such orders are lawful (paras 16-20).
Is Delay in Filing Change Reports Curable? SC Explains!
The Court held that a hypertechnical approach to delay in filing Change Reports is unwarranted, as such delays are curable and do not automatically impact the changes in the trust’s administration (paras 25-26).
