SUMMARY OF DECISION BY THE HON’BLE SUPREME COURT OF INDIA IN THE CASE TITLED “ BIKRAM CHATTERJI & ORS. v. UNION OF INDIA & ORS. [1] ” (- BY ASHISH GARG, ALBA LAW OFFICES) *** Please note that the discussion herein below (for the aforementioned case) is only concerned with regards to the va...
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Introduction Under the Indian Trade Mark Law, once a person attains registration for its trademark for a particular good or service, he thereby has the exclusive right to use that trademark in relation to the said good or service [1] . The right that has been created by Section 28(1) in favour of re...
1. The Complainant is not a consumer as defined under the Consumer Protection Act, 1986 (A) Indrajit Dutta v. Samriddhi Developer First Appeal No. 1219 of 2014 Dated 5 th February 2015 [NCDRC] Facts : Indrajit Dutta (hereinafter referred to as the ‘ Complainant’ ) purchased two flats from Samriddhi ...
Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014 Dated 23 rd August, 2016 Facts: Mr. Pradeep Narula (hereinafter referred to as the ‘ Complainant ’) booked a residential apartment with Granite Gate Properties (hereinafter referred to as the ‘ Builder ’). In furtherance ...
Sachin & Anr v. Jhabbu Lal & Anr RSA 136/2016 & CM No. 19123/2016 High Court of Delhi Date of decision: 24 th November 2016 Facts: Jhabbhu Lal and his wife (respondents) owned a house, which they sold to purchase a new house in the same locality. In the new house, he allowed his elder...
Jindal Stainless Limited & Anr. Vs. State of Haryana and Ors. *Decided on 11 th November 2016 Facts: Jindal Stainless Limited along with companies like Vedanta, Hindalco, Reliance Industries and others (collectively, “ Appellants ”), in an appeal to the Supreme Court, challenged the decision of...
A Memorandum Of Understanding (‘MOU’) is generally a preliminary understanding between the parties to a contract, prior to the execution of a formal agreement. It is a document highlighting the intention of the contracting parties and might also be known as a Letter of Intent (‘LoI’). MOU is general...
The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. The doctrine has been derived from a latin maxim “ Ut pendent nihil innovetur ” which means that during litigation nothing should be changed. The principle embodying the ...
Date of Enactment: 26 th March, 2016 Chapters: 10 Sections: 92 Section No. Section Summary 2. Definition Clause It introduced 44 definitions, among which are: ‘Advertisement’, ‘Agreement for Sale’, ‘Allottee’, ‘Appellate Tribunal. ‘Appropriate Government’, ‘Authority’, ‘Carpet Area’, ‘Commencement C...
The term ‘Hindu Undivided Family’ (“ HUF ”) or ‘Joint Hindu Family’ is not mentioned or defined in the acts: Hindu Minority and Guardianship Act (1956), Hindu Marriage Act (1955), Hindu Succession Act (HSA) (1956) and Hindu Adoptions and Maintenance Act (1956), however, the Income Tax Act, 1961 make...
- By Mitali Yadav In the case of ABC vs. The State (NCT of Delhi), the Supreme Court (a bench headed by Justice Vikramajit Sen) has held that an unwed mother, in India, can apply to become the sole guardian of a child, without giving notice to the father of the child and without disclosing his ident...
- By Mitali Yadav The High Court of Delhi, by way of judgement delivered on May 24, 2016, in the case of Rohit Tiwari v. State has held that if a grown woman engages in an act of sexual intercourse, whilst giving her consent, on a promise to marry and continues to engage in such an activity for a co...