Civil Procedure Code, 1908, Order 13A -- Summary judgment - Commercial disputes - Infringement of Trade Mark - Plaintiff was exclusive registered proprietor of Trade mark in question for inverter business in Class 9 of Trade Marks Act in view of two registration certificates, when defendant was in exclusive control and management of plaintiff company - Admittedly, till..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household - Right of daughter-in-law - Plaintiff is owner of house in question - Son of plaintiff is living separately, as divested from property and was asked to leave the house by plaintiff/father - Defendant/daughter-in-law thus, has no right to reside in the house in question after..........
Indian Penal Code, 1860, Section 364, 376, 302, 201, Evidence Act, 1872, Section 24 -- Kidnapping, rape and murder - Circumstantial evidence - Extra judicial confession - PW1 stated that accused confessed that he had committed a mistake of raping deceased and throwing dead body in well - He took accused to police station and produced him before Police Officer - No ground..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Petition by husband - Allegations of infidelity against wife not proved - Daughter of parties stated that it is father/husband who has been ill treating her mother/wife - However, daughter of parties wants that their family may be resettled - More so, parties have autistic son, thus, they have no reason to live..........
Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, Section 3, 4 -- Resumption of assigned land - Notice in violation of provisions of the Act - When show cause notice is issued, it should also contain all the details about assignation of land in question and then call upon the assignee/occupier/purchaser to submit his explanation - If these basic details are..........
Rent and eviction -- Employer and employee relationship - Once there is employer-employee relationship, question of landlord-tenant relationship does not even arise - In case employee ceases to be in employment, premises are liable to be vacated...........
Service -- Termination - Suppression of material facts - In appointment application form question was asked from candidate `have you ever been convicted for any criminal offence involving moral turpitude' - Petitioner answered `No' - On verification it was found that petitioner was named in FIR and in which cancellation report had been filed by police - Petitioner..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
