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  Injunction against passing off. Challenge to the plaintiff’s design registration by a third party does not cast any cloud on the validity of design of the plaintiff until the final determination. Delhi High Court.

  • 25-June-2022
  • Daksha Legal
• 

  Offence by Companies. A person cannot be prosecuted unless he is shown to be in-charge of the Company as Managing director or Director. Karnataka High Court.

  • 25-June-2022
  • Daksha Legal
• 

  Defamation. When a class of persons are mentioned to have been defamed and if such a class is indefinite, the complaint cannot be entertained. Karnataka High Court.

  • 27-June-2022
  • Daksha Legal
• 

  Sports selection. Courts should give great credence to the decision of expert committee and coaches. Power of judicial review in matters relating to sports can be exercised only if there is an allegation of bad faith. Delhi High Court.

  • 25-June-2022
  • Daksha Legal
• 

  FIR for the offence under Section 498-A IPC cannot be registered against woman alleged to be in illicit relationship with complainant’s husband unless essential ingredients of the offence are made out. Karnataka High Court.

  • 24-June-2022
  • Daksha Legal
• 

  Labour Law. While dealing with the prayer of back wages, factual scenario and the principles of justice, equity and good conscience have to be kept in view by an appropriate court. Supreme Court.

  • 25-June-2022
  • Daksha Legal
• 

  Bank cannot retain title documents after repayment of loan merely because another loan is pending repayment. Bombay High Court

  • 24-June-2022
  • Daksha Legal
• 

  When violation of principles of natural justice is alleged, even if an alternative remedy is available, a writ petition is maintainable. Supreme Court.

  • 24-June-2022
  • Daksha Legal
• 

  Anti-defection law will not apply to a split in a Political Party constituting 2/3rd Legislators since it amounts to 'deemed merger' under paragraph 4 of Tenth Schedule to the Constitution. Bombay High Court.

  • 23-June-2022
  • Daksha Legal
• 

  Partnership. New person coming in as partner is not entitled to the fruits of a decree obtained by the persons who were partners at the time of the accrual of the cause of action. Kerala High Court.

  • 24-June-2022
  • Daksha Legal
• 

  Accused need not prove the existence of private self-defence beyond reasonable doubt. It would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. Supreme Court.

  • 23-June-2022
  • Daksha Legal
• 

  Wife visiting her parents’ house frequently without taking husband’s consent does not amount to desertion or cruelty. Allahabad High Court

  • 23-June-2022
  • Daksha Legal