Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
Income Tax Act, 1961, Section 80DD -- Insurance - Payment of annuity or lump sum amount - Benefit for handicapped dependents - Condition incorporated in the policy that amount shall not be given to handicapped person during lifetime of parent/guardian/life assured, is in conformity with S.80-DD(2)(b) of the Act - Denial of benefit of policy to handicapped dependent during..........
Arbitration and Conciliation Act, 1996, Section 20 -- Place of arbitration - Parties are free to agree on place of arbitration as per Art.20 of UNCITRAL Model Law and in case of failure of agreement, Arbitral Tribunal is required to determine the same taking into consideration convenience of parties - But it had not been agreed upon and there has been no determination as..........
Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65 -- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........
Malicious prosecution -- Compensation - Appellant, a successful scientist having national reputation was compelled to undergo immense humiliation - It is not a case where appellant is kept under custody and eventually after trial, he is found not guilty - Entire prosecution initiated by State police was malicious and it has caused tremendous harassment and immeasurable..........
Constitution of India, 1950, Article 142 -- Power u/art 142 of Constitution - Cannot be exercised by Supreme Court to nullify its own judgment and to perpetuate illegality...........
Medical Council of India Act, 1956 -- Kerala Professional Colleges Ordinance 2017 - Validity - Ordinance nullified the judgment and orders of High Court and Supreme Court and encroaches power of judiciary by regularizing admission of 180 students who were illegally admitted in Medical College - Provisions of any existing law framed by legislature not changed by State..........
Trade Marks Act, 1999, Section 137 -- Infringement of trade mark - Passing off - Substitution of letter `T' for letter `O' is the only difference between two trade names - Plaintiff clearly a prior user would make it clear that first pre-requisite for action in passing off was made out - Division Bench granted interim injunction and stay order - Such stay was continued..........
Constitution of India, 1950, Article 14, 15, Indian Penal Code, 1860, Section 377 -- Constitutional validity of S.377 IPC - Criminalization of consensual sexual intercourse between same-sex adults in private u/s.377 IPC - Sexual expression and intimacy of a consensual nature, between adults in private, cannot be treated as `carnal intercourse against the order of nature' -..........
