Land Acquisition – Sec.4 notifications – Sec.5 A objections – not considered award was passed – other claimants under same notification filed writs – allowed – pending in Apex court no stay – no possession was taken despite of passing of award – all slps were dismissed – Apex court held that A large number of … Continue reading
Quashing of CRIMINAL CASE – STING OPERATION – The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a … Continue reading
Or. VIII, rule 1 C.P.C.- filing of written statement – time fixed in C.P.C – is only directory not mandatory – extention of time beyond the prescribed period – can be granted on sufficient cause – Rejection of the application is set aside – time granted on costs of Rs. 50,000/- = The application of … Continue reading
Sec.377 of I.P.C. – constitutionally valid – Unnatural offences – Same sex marriage – Bombay high court declared the sec.377 as unconstitutional – Apex court set aside the orders of Bombay high court – and held that sec.377 is a valid one – marriage between same sex is an offence under sec.377 still … Continue reading
National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price … Continue reading
Jurisdiction of TDSAT -Challenge to the Regulations framed under sec.36 of Telecom Regulatory Authority of India Act for rapid developement of Telecommunication – Apex court held that TDSAT has no jurisdiction – view taken by TDSAT and the Delhi High Court does not represent correct law. – aggrieved person shall be free to challenge the validity of the … Continue reading
Sections 302 and 120B read with Section 34 of IPC. –Anticipatory Bail – an absconder/proclaimed offender is not entitled for anticipatory bail – high court with out considering these facts granted anticipatory bail – set aside – appeal was allowed = in Lavesh vs. State (NCT of Delhi), (2012) 8 … Continue reading
Sec.163 – A , sec. 140 of M.V. Act – due to conflicte judgment over scope of sec. 163 -A in United India Insurance Company Ltd. v. Shila Datta and others [(2011) 10 SCC 509], and National Insurance Co. Ltd. v. Nicolletta Rohtagi [(2002) 7 SCC 456]. , it was referred to larger bench = We are, therefore, of the … Continue reading
The original rectification application is for the removal of the Trade Mark “Hans Smart” registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999. The applicants adopted and used the Trade Mark “Smart” since 01.04.1987. On account of extensive marketing and continuous use, the trade mark ‘Smart’ has acquired formidable … Continue reading
As per Section 21 of the Act any person may oppose an application for registration. As per Sections 47 and 57 of the Act, only a person aggrieved shall file an application for rectification. Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) … Continue reading