Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendments are allowed more liberally than those which are sought to be made after commencement of trial or after conclusion thereof...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 475 -- Pre-mature release - Appellant has been directed to be released after 24 years considering him as a person who committed murder jointly with another person with premeditation - However, appellant contended that he ought to have been released after 22 years based on Category 3(b) of 2010 guidelines - Crime is one to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Murder - Applicant arrested due to recovery of utensil from kitchen in which food remains of poisonous food were found and recovery of empty wrapper of medicine - However, in the absence of any other incriminating material, recovery alone cannot form the basis of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Existence of a jural relationship between complainant and advocate concerned is a pre-condition for invocation of disciplinary jurisdiction on the ground of professional misconduct...........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Concurrent jurisdiction is conferred upon Sessions Court and High Court to entertain prayer for pre-arrest bail - However, hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach High Court for exercising jurisdiction u/s 482 BNSS..........
