Hindu Marriage Act, 1955, Section 23A -- Counter claim at belated stage - Generally a counter claim is set up at the initial stage of the trial - Normally, it should not be permitted to be set up at the belated stage of the trial, particularly after framing of issues and recording of evidence - Declining counter claim at a belated stage does not prejudice the defendant as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2), 50(6) -- Recovery of contraband - Search & seizure - Held, S.42(2) provides that when officer takes down any information in writing u/sub S.(1), he shall within 72 hours send copy thereof to his immediate official superior - It does not provides for receipt thereof by immediate superior officer - When any..........
Trade Marks Act, 1999, Section 135 -- Infringement of trade mark - Suit for injunction - Continuing cause of action - Held, infringement of a registered trade mark gives rise to a continuing cause of action so long as alleged infringement persists - Since this is not the case of defendants that use of impugned packaging has been discontinued by them, it cannot be said..........
Evidence Act, 1872, Section 115, Contract Act, 1872, Section 70Estoppel -- waiver - Object and operation of both is to ensure bona fides and to safeguard the transactions - The principles of estoppel is that a party is not to be heard to allege to the contrary - On the other hand, waiver is contractual, and may constitute a cause of action, it is an agreement to release..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
Limitation Act, 1963, Article 27 -- Works contract - Recovery suit - Limitation - Earlier suit was filed for referring the dispute to arbitrator - Arbitrator was appointed and he made an award - Subsequent suit for recovery, i.e. present suit filed whether time barred - Held, it cannot be said to be time barred - Infact this aspect will further lend support to the reason..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Exercise thereof - Held, S.151 of CPC does not cater but only recognizes the powers, which are inherent in civil court, existence of ample power on civil court to permit plaintiffs to pursue course of action undertaken by them...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Default in repayment of loan - Forcible seizure of vehicle - Suit for mandatory injunction - Defendant having its branch office at Bangalore, vehicle registered at Bangalore and vehicle seized by defendant at Bangalore - Held, Court at Bangalore has jurisdiction in respect of cause of action - Merely..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of proceedings u/s 420 IPC - As per evidence on record, no intention of cheating is made out - Even, in course of their business transaction, orders were placed, goods were supplied, money was paid, but, at end some money found due - Effort..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Second application - Maintainability - Held, once respondent No.1 has allowed her application filed U.O.21.R.97 of the Code to be dismissed for no, representation, question of entertaining a subsequent application on the same cause of action would not arise as such a course encourages the parties to..........
