• 

  Rejection of plaint. Existence of cause of action and absence of merit in the suit are two different aspects. Whether the plaintiff would ultimately succeed or not, cannot dictate the existence of a cause of action. Kerala High Court.

  • 30-March-2022
  • Daksha Legal
• 

  Family settlement arrived as oral partition and later put into writing for the purpose of information is not required to be compulsorily registered, and stamp duty need not be paid in respect of the same. Delhi High Court.

  • 31-March-2022
  • Daksha Legal
• 

  'No one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court'. Amount received by persons under a Court order can be recovered upon reversal of the order. Supreme Court

  • 31-March-2022
  • Daksha Legal
• 

  Land acquisition proceedings under 1894 Act continued under 2013 Act. Exclusion of period covered by interim order to pass award applies even to 'No Coercive Action' orders of Courts. Supreme Court.

  • 01-April-2022
  • Daksha Legal
• 

  Suit for specific performance. Plaintiff being dominus litis cannot be forced to add subsequent purchaser to the suit as defendant when he does not want implead at his risk. Supreme Court.

  • 30-March-2022
  • Daksha Legal
• 

  Suit for specific performance. Plaintiff should be permitted to implead purchasers subsequent to agreement of sale since they may be adversely affected by the outcome of the suit. Supreme Court.

  • 30-March-2022
  • Daksha Legal
• 

  Trademark Infringement: Delhi High Court restrains 'Club Factory' website from selling Louis Vuitton products on its portal. Orders blockage of the website www.clubfactory.com

  • 30-March-2022
  • Daksha Legal
• 

  Cheque bounce case. Petition under Section 482 Cr.P.C. to quash proceedings is maintainable even at the stage of framing charges if the Company is not made an accused. Chhattisgarh High Court.

  • 29-March-2022
  • Daksha Legal
• 

  Guardians and Wards Act 1890. Unless prejudice is established, mere non/improper representation of the minor will not give cause of action to the minor to seek setting aside of the decree. Kerala High Court.

  • 30-March-2022
  • Daksha Legal
• 

  Criminal Procedure Code. Section 267. Accused can NOT be detained by the jail authorities only on the basis of ''body warrant'' without there being any detention order or judicial order. Karnataka High Court.

  • 29-March-2022
  • Daksha Legal
• 

  When power to give relief is conferred on Courts, it becomes the duty of the Courts to give such relief. Court would fail in its duty if relief is refused without adequate reason. Supreme Court.

  • 29-March-2022
  • Daksha Legal
• 

  West Bengal Land Reforms Act. Pre-emption under Section 8 is applicable even to the lands forming part of non-agricultural tenancy coming within the purview of the Act. Calcutta High Court.

  • 29-March-2022
  • Daksha Legal