SUMMARY OF DECISION BY THE HON’BLE SUPREME COURT OF INDIA IN THE CASE TITLED “BIKRAM CHATTERJI & ORS. v. UNION OF INDIA & ORS. [1]”   (- BY ASHISH GARG, ALBA LAW OFFICES)     *** Please note that the discussion...

Introduction Under the Indian Trade Mark Law, once a person attains registration for its trademark for a particular good or service, he thereby has the exclusive right to use that trademark in relation to the said good or service[1]. The right...

1. The Complainant is not a consumer as defined under the Consumer Protection Act, 1986 (A) Indrajit Dutta v. Samriddhi Developer First Appeal No. 1219 of 2014 Dated 5th February 2015 [NCDRC] Facts: Indrajit Dutta (hereinafter referred to as the ‘Complainant’) purchased...

Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014 Dated 23rd August, 2016 Facts: Mr. Pradeep Narula (hereinafter referred to as the ‘Complainant’) booked a residential apartment with Granite Gate Properties (hereinafter referred to as the...

Sachin & Anr v. Jhabbu Lal & Anr RSA 136/2016 & CM No. 19123/2016   High Court of Delhi Date of decision: 24th November 2016 Facts: Jhabbhu Lal and his wife (respondents) owned a house, which they sold to purchase a...

Jindal Stainless Limited & Anr. Vs. State of Haryana and Ors.   *Decided on 11th November 2016   Facts: Jindal Stainless Limited along with companies like Vedanta, Hindalco, Reliance Industries and others (collectively, “Appellants”), in an appeal to the Supreme Court,...

A Memorandum Of Understanding (‘MOU’) is generally a preliminary understanding between the parties to a contract, prior to the execution of a formal agreement. It is a document highlighting the intention of the contracting parties and might also be known as...

  The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. The doctrine has been derived from a latin maxim “Ut pendent nihil innovetur” which means that during litigation...

Date of Enactment: 26th March, 2016 Chapters: 10 Sections: 92 Section No. Section Summary 2. Definition Clause It introduced 44 definitions, among which are: ‘Advertisement’, ‘Agreement for Sale’, ‘Allottee’, ‘Appellate Tribunal. ‘Appropriate Government’, ‘Authority’, ‘Carpet Area’, ‘Commencement Certificate’, ‘Completion Certificate’, ‘Estimated...

  The term ‘Hindu Undivided Family’ (“HUF”) or ‘Joint Hindu Family’ is not mentioned or defined in the acts: Hindu Minority and Guardianship Act (1956), Hindu Marriage Act (1955), Hindu Succession Act (HSA) (1956) and Hindu Adoptions and Maintenance Act (1956),...

- By Mitali Yadav In the case of ABC vs. The State (NCT of Delhi), the Supreme Court (a bench headed by Justice Vikramajit Sen) has held that an unwed mother, in India, can apply to become the sole guardian of a child,...

- By Mitali Yadav The High Court of Delhi, by way of judgement delivered on May 24, 2016, in the case of Rohit Tiwari v. State has held that if a grown woman engages in an act of sexual intercourse, whilst giving her...