Judgements Uploaded By Users In Category: Other Laws
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The Supreme Court has held that If a judgement is overruled, the overruling judgement operates retrospectively. Any transaction would then be covered by the law declared by the overruling decision. If the Court desires that the overruling judgement should operate prospectively, it must be expressly stated (i) A judicial decision acts retrospectively. It is not the function of the court to… Read More ...
The Supreme Court has held that Framework for distinguishing between works protected under the Copyright Act, 1957, and designs eligible for protection under the Designs Act, 2000 (i) The expression ‘artistic work’ under Section 2(c) of the Copyright Act has a very wide connotation and may also include abstract work(s) comprising a few lines or curves arbitrarily drawn, which could be… Read More ...
The Supreme Court has held that Interpretation of contracts & documents: Whether an agreement styled as one for conducting the business of another person can be interpreted as a leave and license agreement for purposes of the Bombay Rent Act? The guide to the construction of deeds and tools adopted can broadly be summarised as follows: (i) The contract is first… Read More ...
The Supreme Court has held that If a judgment is pronounced in open Court, the period of limitation starts running from that very day. If an application for certified copy is filed, the period during which the certified copy was under preparation has to be excluded as per Section 12(2) of the Limitation Act (i) The incident which triggers limitation to… Read More ...
The Supreme Court has held that What is the difference between a Gift, Settlement and Will? The nomenclature of the instrument is immaterial and the nature of the document is to be derived from its contents. There must be a transfer of interest in praesenti for a gift or a settlement and in case of postponement of such transfer until the… Read More ...
The Supreme Court has held that (i) In view of the declaration of law made in Ghanashyam Mishra and Sons Pvt. Ltd v. Edelweiss Asset Reconstruction Company Ltd (2021) 9 SCC 657, all the dues including the statutory dues owed to the Central Government, if not a part of the Resolution Plan, shall stand extinguished and no proceedings could be continued… Read More ...
The Supreme Court has held that Bombay Stamp Act: Stamp duty is on the instrument and not on the transaction. An agreement which contemplates the delivery of possession of the property within the stipulated time should be deemed to be a conveyance for the purpose of duty leviable under the Bombay Stamp Act (i) The legal position is very clear that… Read More ...
The SUPREME COURT OF INDIA CIVIL APPEAL NO. 6778 OF 2013 has held that JACOB PUNNEN & ANR. Vs. UNITED INDIA INSURANCE CO. LTD. SUPREME COURT OF INDIA CIVIL APPEAL NO. 6778 OF 2013 THE SUPREME COURT rejected the insurer’s argument that the consumer was under an obligation to inquire about the terms of the policy, and any changes that might have been introduced, in the standard terms. The… Read More ...
The Bombay High Court has held that Prevention of Money Laundering Act, 2002 . S. 2(1)(u) : “Proceeds of crime” means any property derived or obtained directly by property derived or obtained directly or indirectly ,by any person as a result of criminal activity relating to a schedule offence or value of any such property - Offence of money laundering – Punishment… Read More ...
The Supreme Court has held that Where the sale deed requires registration, ownership does not pass until the deed is registered, even if possession is transferred, and consideration is paid without such registration. Public auction cannot be set aside until there is any material irregularity and/or illegality committed in holding the auction or if such auction was vitiated by any fraud… Read More ...