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  Permitting defendant to sell existing stock while granting injunction in infringement and passing off matters in respect of pharmaceutical products would balance the equities when there is no dispute on the quality of the product. Delhi High Court.

  • 22-June-2022
  • Daksha Legal
• 

  Submission of ‘No Claim Certificate’ along with the final bill by contractor to employer does not preclude raising of arbitration dispute alleging undue influence in obtaining the Certificate. Telangana High Court.

  • 21-June-2022
  • Daksha Legal
• 

  “Victim compensation is the social philosophy and legislative implication. Failure on the part of the prosecution to secure a conviction is not a ground to deny compensation”. Karnataka High Court orders compensation to minor girl orphaned due to crime.

  • 18-June-2022
  • Daksha Legal
• 

  Royalty income from the business profits cannot be included with business profits for calculation deductions under Section 80HHC of the Income Tax Act. Madras High Court.

  • 18-June-2022
  • Daksha Legal
• 

  Capital punishment which is not executed within a reasonable time, loses its importance as a deterrence. Government must reconsider the provision of death penalty as a mode of punishment as deterrence. Madhya Pradesh High Court.

  • 18-June-2022
  • Daksha Legal
• 

  Parties to suit. If, for the adjudication of the “real controversy” between the parties on record, the presence of a third party is necessary, then he can be impleaded. Delhi High Court.

  • 20-June-2022
  • Daksha Legal
• 

  Territorial jurisdiction to try criminal cases. A completed act concerning one offence in one place cannot be connected with other acts leading to other offences in a different place unless the first offence is a continuing one. Supreme Court.

  • 18-June-2022
  • Daksha Legal
• 

  Principles of estoppel and acquiescence will not prevail over statutory rules. Supreme Court reiterates.

  • 18-June-2022
  • Daksha Legal
• 

  Assignment of copyright in the work to make sound recording which does not form part of any cinematograph film does not affect author's right to claim equal share of royalty. Supreme Court.

  • 22-June-2022
  • Daksha Legal
• 

  Hyper technical approach should not be adopted when evidence is adduced on behalf of the accused in support of the plea that he was a juvenile. Kerala High Court.

  • 22-June-2022
  • Daksha Legal
• 

  Where defendant alleges that court has no jurisdiction to try the case, issue should be tried as preliminary issue and if court finds that it has no jurisdiction, plaintiff can proceed litigation in the proper court. Kerala High Court.

  • 21-June-2022
  • Daksha Legal
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  Mere possession of liquor, without the knowledge on the part of the possessor that the bottles were unlawfully imported, transported, manufactured, duty-escaped does not constitute offence under the Excise Laws. Karnataka High Court.

  • 17-June-2022
  • Daksha Legal