Read Subscribe & Cite DELHI LAW TIMES (DLT) Daily 210 (2014) DLT 618 Injunction (Ex parte ad interim) — Plaintiff must disclose to Court complete and true facts especially facts which may disclose probable defence of defendants or the plus points of defendants — If these details are withheld by a party or a plaintiff and an ex parte injunction is obtained then it is going to be only shortlived and party must be penalized for such misconduct by discontinuing injunction granted in its favour. 210 (2014) DLT 666 Copyright Act, 1957 — Sections 51, 52, 63 — Infringement of Copyright — Test of infringement in prosecution is not different from that prescribed in Sections 51 and 52, which do not provide for ordeal with ‘copyright misuse’ — Nothing can be added or subtracted from infringement of copyright as defined in Sections 51 and 52. 210 (2014) DLT 710 Dishonour of Cheque — Two essential ingredients — Cheque ought to be ‘drawn’ by drawer in favour of payee — Issuance of cheque must be in total or partial discharge of liability owed by drawer. 210 (2014) DLT 726 Company Law — Winding up — Debt claimed by petitioner is being stoutly disputed — Omission to pay same cannot lead to conclusion that respondent-company is unable to pay its debts and should be wound up. 210 (2014) DLT 733 (SC) Desertion — Essential ingredients : (i) factum of separation, (ii) intention to bring cohabitation permanently to an end (animus deserendi). 210 (2014) DLT 733 (SC) Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Wild allegations against husband — Irretrievable breakdown of marriage — Husband has been treated with mental cruelty and definitely he has faced ignominy — Divorce granted singularly on ground of mental cruelty. 210 (2014) DLT 733 (SC) Maintenance — Minor son — Mother is earning but that does not necessary mean that father should be absolved of his liability. 210 (2014) DLT 733 (SC) Mental Cruelty — Effect of — Varies from individual to individual, from society to society and also depends on status of person. 210 (2014) DLT 750 (DB) Retrospectivity — Where retrospective operation inflicts corresponding detriment on some other person or casts an obligation or takes away vested right, rule against retrospectivity to be applied. 210 (2014) DLT 796 Service Law — ‘Terminal benefits’ — Definition including within its fold pension as well. 210 (2014) DLT 778 Specific Performance — Agreement of sale — Mere availability of balance sale consideration does not complete element of readiness and willingness and is only one part thereof. 210 (2014) DLT 778 Specific Relief Act, 1963 — Section 23 — Paying money in lieu of specific performance — Does not negate right of purchaser to claim relief of specific performance. 211 (2014) DLT 39 Evidence Act, 1872 — Section 114 — Presumption de facto and de jure — Statement on oath/affirmation would ordinarily gain precedence over all else, but Judge shall have discretion to for sufficient and sound reasons to disbelieve statement on oath affirmation. 211 (2014) DLT 39 Supervisory Jurisdiction — Error in exercise of discretion, is not an error as to jurisdiction. 211 (2014) DLT 62 Arbitration Law — Arbitral Award — Even if two interpretations are possible and in case interpretation given by Arbitral Tribunal is possible view — Even though Court may have different view, Award will not be interfered by Court under Section 34 of Act. 211 (2014) DLT 75 (DB) Service Law — Service rules — Court must “read Rules as they are”, even more so when rules are clear and explicit. 211 (2014) DLT 104 Malicious Prosecution — Damages — Failure to prove necessary ingredients — Appellant was accused of outraging modesty of daughter of respondent/defendant — She appeared as witness not only in prosecution, supporting complaint but as witness on behalf of respondent in suit — She denied intimacy, love affair or relationship with appellant/plaintiff as claimed by appellant/plaintiff. 211 (2014) DLT 149 (DB) Judgment on Admissions — Court has power to pass suo motu judgment — No requirement in Order 12 Rule 6, CPC for filing formal application. 211 (2014) DLT 149 (DB) Rejection of Plaint — Scope of exercise of powers under Order 7 Rule 11, CPC is limited by contours of provision — Only averments in plaint and documents filed along with plaint to be seen. SHARE IT IF YOU LIKE IT
Posted on: Fri, 25 Jul 2014 17:16:16 +0000
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