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  Companies Act. Proceedings under Section 630, penalty for wrongful withholding of property, cannot be resorted to when there is bonafide dispute regarding the right of the company over the property in question. Delhi High Court.

  • 23-August-2022
  • Daksha Legal
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  ''The test to be applied for judging the claim of infringement and passing off is of an unwary consumer with average intelligence and imperfect recollection.'' Delhi High Court reiterates.

  • 23-August-2022
  • Daksha Legal
• 

  Transfer of case under Section 127 of the Income Tax Act from one State to another. High Court within whose jurisdiction the Assessing Officer has passed the order will continue to exercise the jurisdiction of appeal. Supreme Court.

  • 20-August-2022
  • Daksha Legal
• 

  Inconsistency test between laws made by Parliament and laws made by the Legislatures of States under Article 254 applies only to the laws made after the implementation of the Constitution of India. Supreme Court reiterates.

  • 22-August-2022
  • Daksha Legal
• 

  Under the garb of filing a review petition, a party cannot be permitted to repeat old and overruled arguments for reopening the conclusions arrived at in a judgment. Supreme Court.

  • 19-August-2022
  • Daksha Legal
• 

  Dispute arising out of non-renewal of the lease is arbitrable and the arbitration clause cannot be rendered otiose by refusal of the landlord to renew the lease. Supreme Court.

  • 20-August-2022
  • Daksha Legal
• 

  ‘’The dead have no rights and can suffer no wrongs’’ (G W Paton). Section 394 Cr.P.C. providing for abatement of proceedings on the death of the accused is not unconstitutional. Karnataka High Court.

  • 20-August-2022
  • Daksha Legal
• 

  A counter claim can be made only against the plaintiff and only in respect of the claim of the plaintiff. Defendant cannot make counter claim for a property not claimed by the plaintiff in the suit. Supreme Court.

  • 19-August-2022
  • Daksha Legal
• 

  Commercial suit filed without following the mandatory pre-Institution mediation under Section 12A of the Commercial Courts Act is liable to be rejected. Supreme Court

  • 19-August-2022
  • Daksha Legal
• 

  In the State of Haryana, a court in second appeal is not required to formulate a substantial question of law since the law applicable in Haryana is Section 41 of the Punjab Courts Act, 1918 and not Section 100 of CPC. Supreme Court.

  • 22-August-2022
  • Daksha Legal
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  When an arbitration agreement binds only one of the several persons who are parties to a dispute, the cause of action cannot be split. Arbitrator cannot be appointed in such circumstances. Karnataka High Court.

  • 19-August-2022
  • Daksha Legal
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  Though there is no bar for appointment of former employee as an arbitrator, if there are justifiable doubts regarding his impartiality, Court can refuse to appoint him as arbitrator. Karnataka High Court.

  • 22-August-2022
  • Daksha Legal