201604.27
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Predeposit Cannot Be Attached Under SARFESI ACT

In CIVIL APPEAL NO. 4379 OF 2016 (Arising out of SLP (C) No. 13861/2015) of AXIS BANK  Vs SBS ORGANICS PRIVATE LIMITED AND ANOTHER , Supreme Court of India has decided upon as to what is the fate of predeposit  on the disposal of the appeal against an order  passed by DRT under Section 17 . Whereas,…

201604.27
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Meaning of Expression ” Entertain” An Appeal

Predeposit to entertain is a pre requisite condition existing in several statutes while providing for entertaining of statutory appeals, like The Income-Tax Act, 1961, The Central Excise Act, 1944, The Consumer Protection Act, 1986, The Motor Vehicles Act, 1988, etc. The meaning of expression  ” Entertain”  an Appeal can be understood from the following ratio as…

201604.25
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Passing off & Infringement of Trademark

The following are the leading decisions in infringement & passing off   the trademark: In the case of Gorbatschow Wodka KG vs. John Distilleries Limited, the plaintiff claimed that the shape of its bottle of Vodka was distinctive and formed an intrinsic part of its goodwill and reputation. The bottle which the defendant had adopted…

201604.24
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Doctrine of Per Incuriam & Binding Precedent

The doctrine of per incuriam versus binding precedent has had been dealt by Supreme Court of India in following occassions :  In Young v. Bristol Aeroplane Company Limited (1994) All ER 293 the House of Lords observed that `Incuria’ literally means `carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have developed this…

201604.24
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Supreme Court on Anticipatory Bail -IV

The Honourable Supreme Court while dealing with every minute aspect of Section 438 Cr.P.C read with Aricle 21 of the Constritution had concluded that  GRANT OF BAIL FOR LIMITED PERIOD IS CONTRARY TO THE LEGISLATIVE INTENTION AND LAW DECLARED BY THE CONSTITUTION BENCH: While concluding the aforesaid it had observed the following  in the matter of Siddharam…

201604.24
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Supreme Court on Anticipatory Bail -III

 In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court dealt with anticipatory bail with a specific  topic i.e SCOPE AND AMBIT OF ANTICIPATORY BAIL: 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in…

201604.24
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Supreme Court On Anticipatory Bail -II

In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court laid down the following 10 factors and parameters, under para 122,  which can be taken into consideration while dealing with the anticipatory bail: i. The nature and gravity of the accusation and the exact role of the…

201604.23
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A Judgment Cannot Be Read Like A Statute

A Judgement Is A Verdict On Facts & Applicable Laws It is well settled in law that a judgment cannot be read like a statute. Construction of a judgment should be made in the light of the factual matrix involved therein. In Goan Real Estate & Construction Ltd. & Anr. v. Union of India, (2010)…