Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira [(2012) 5 SCC 370] Caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession 97. Principles of law which emerge in this case are crystallised as under: (1) No one acquires title to the property if he or she was […]
Law in one Paragraph
This page contains notable observations of different Courts of India and abroad which is a settled law now.
Moduraboina Deepika vs. Kuna Sujatha Devi, Civil Revision Petition No. 388/ 2017 [Andhra Pradesh High Court] Evidentiary value of an unregistered and unstamped document 9. Section 17 (1) (b) of Registration Act mandates that a non-testamentary instrument which purport or operate to create, declare, assign, limit or extinguish whether in present or in future, any right, title or interest
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Dalpat Kumar and Anr. vs Prahlad Singh and Ors. [AIR 1993 SC 276] Tests for grant of temporary injunction 4. ………Injunction is a judicial process by which a party is required to do or to refrain from doing any particular act. It is in the nature of preventive relief to a litigant to prevent future
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Morgan Stanley Mutual Fund vs Kartick Das [1994 SCC (4) 225] Factors of consideration in grant of ex parte injunction 36. As a principle, ex parte injunction could be granted only under exceptional circumstances. The factors which should weigh with the court in the grant of ex parte injunction are- (a) whether irreparable or serious
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Vishaka & others vs. the State of Rajasthan & others [(1997) 6 SCC 241)] Vishaka case guidelines for protection of women from sexual harassment in work places HAVING REGARD to the definition of ‘human rights’ in Section 2(d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil and penal
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P. Madhusudhan Rao vs Lt. Col.Ravi Manan, and Another [Civil Revision Petition No. 4515 of 2014]: Andhra Pradesh High Court Essential principles governing interpretation of documents/contracts 25. The dictionary meaning of the word interpretation is expound the meaning of, bring out the meaning of. But what does the words meaning mean? Does it mean (i)
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Dileep Nevatia vs. State Bank of India, 2015 (5) MhLJ 105]: M.P. High Court A claim for damages must be both pleaded and proved 18. A claim for damages must be both pleaded and proved. I will assume for a moment that there is an adequate pleading although, in my view, there is not. In
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K.C. Bokadia and Ors. vs. Dinesh Chandra Dubey [1999 (1) MPLJ 33]: Madhya Pradesh High Court Non-registration of copyright does not take away available civil or criminal remedies 8. A careful analysis of the Scheme and the provisions of the Act does not disclose any legislative intention to make registration of copyright mandatory or to
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Kailash Nath Associates v. DDA [(2015) 4 SCC 136]: Supreme Court of India Law on compensation for breach of contract under section 74 1. Where a sum is names in a contract as a liquidated amount payable by way of damages, the party complaining of a breach can receive as reasonable compensation such liquidated amount only
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Lotus International vs Chaturbhujadas Karnani Textiles [ 65 (1997) DLT 300]: Delhi High Court Previous non-appearance of a party can be excused if a good cause for absence is shown in application under Order 9 Rule 7 of CPC (23) From the aforesaid rulings, the following principles can be summarised. Where the Court has decided