The Jurisdiction over infringement suits in which the defendant seeks revocation of registration of design vests in High Court under S. 22(4) of the Designs Act, 2000, even when the High Court does not exercise original side jurisdiction.… Read more »
The Supreme Court held that the execution proceedings and original proceedings are separate and independent. An appeal under S. 23 of the Consumer Protection Act will not lie to Supreme Court against an order which has been passed… Read more »
The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that "A writ court may well hold against a public body on a public law principle or… Read more »
The Terrorist Acts defined under Unlawful Assembly Prevention Act only deal with matters impacting "Defence of India" and not under Ordinary laws & Order Problems. The intent and purport of the Parliament in enacting the UAPA, and more… Read more »
The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. Read more »
The direction to take the accused into custody is beyond the jurisdiction of the High Court. Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected… Read more »
The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when… Read more »
The classification of Marathas as a socially and educationally backward class was unreasonable as they belonged to a politically dominant caste with significant economic resources. The court also concluded that the majority opinion in the Indra Sawhney case… Read more »
The Supreme Court held that two companies incorporated in India could choose a seat for arbitration outside India and the resultant award would be enforceable under Part II of the Arbitration and Conciliation Act, 1996. The Supreme Court,… Read more »
The Entire Waiver of Pre-deposit impermissible to file appeal before DRAT. Discretion of DRAT to reduce pre-deposit amount from 50% of debt due, held, is limited to reducing the pre-deposit to 25% thereof. The pre-deposit cannot under any… Read more »
