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  Courts do not apply Article 14 to dispositions of properties under a Will. While considering genuineness of a Will, Court cannot see if distribution made under the Will is fair and equitable to all beneficiaries. Supreme Court.

  • 04-April-2022
  • Daksha Legal
• 

  Appeal under Section 21 of the National Investigation Agency Act, 2008 is maintainable before division bench of the High Court only against an interlocutory order granting or refusing to grant bail passed by the Special Court. Karnataka High Court (FB).

  • 31-March-2022
  • Daksha Legal
• 

  Criminal Procedure Code. Section 377. Victim can NOT prefer appeal questioning adequacy of sentence imposed on the convict. Such a right is conferred only on the State Government. Kerala High Court

  • 31-March-2022
  • Daksha Legal
• 

  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