Hindu Succession Act, 1956 – Section 15 – General rules of succession in the caseof female Hindus – The basic aim of the legislature in enacting Section 15(2) is to ensure that inherited property of a female Hindu dying issueless and intestate, goes back to the source. [Para 73] 2022 (1) SCALE 681
Specific Relief Act, 1963 – Merely averring that the plaintiff was waiting with the balance consideration and believed that the defendant would clear the encumbrance is insufficient to prove that the plaintiff was willing to perform his obligations under the contract.
Trade Marks Act, 1999 – In an action for infringement, once it is found that the defendant’s trade mark was identical with the plaintiff’s registered trade mark, the Court could not have gone into an enquiry whether the infringement is such as is likely to deceive or cause confusion. In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trade mark of the plaintiff. 2022 (2) SCALE 125
Service Law – Departmental Proceedings – Requirement of a Hand Writing Expert – Test of criminal proceedings cannot be applied to departmental proceedings. JT 2022 (1) SC 262
Insolvency and Bankruptcy Code, 2016 – Section 29A(h) – Interpretation of. JT 2022 (1) SC 569 : 2022 (1) SCALE 589
Atlanta Limited thr. Its Managing Director v. Union of India Represented by Chief Engineer Military Engineering Service
Arbitration Act, 1940 – Arbitrator is the final arbiter of the disputes between the parties and it is not open to a party to challenge the Award on the ground that he has drawn his own conclusions or has failed to appreciate certain facts.
Code of Criminal Procedure, 1973 – Section 378 – How to deal with, decide and dispose of the criminal appeal against an acquittal – Principles.
Transfer of Property Act, 1882 – Section 52 – Lis Pendens – A transfer which is made lis pendens is not a void document. It does create rights as between the parties to the sale. The right of the party to the suit who conveys his right by a sale is extinguished. All that Section 52 of the Transfer Property Act provides is that the transfer which is made during the pendency of the proceeding is subjected to the final result of the litigation.
Specific Relief Act, 1963 – Section 19 (b) – Relief against parties and persons claiming under them by subsequent title – Bona fide purchaser long prior to the institution of the suit for specific performance – Specific performance could not be enforced against bona fide purchaser or transferees as they would fall within the exception of transferee for value who had paid money in good faith and without notice of the original contract.
Companies Act, 2013 – Section 271 (c) – Winding up of a company on the ground of fraud -Circumstances in which company may be wound up by Tribunal.