CASE LIST Section 35 of the Stamp Act operates as a bar to an unstamped instrument being admitted in evidence or being acted upon. Hindustan Steel Ltd. v. M/s. Dilip Construction Co., AIR 1969 SC 1238 Unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon… Read More Case List: Unstamped Instrument
Case List Commissioner of Income Tax, Central Circle vs. Nadatur Holdings and Investments (P.) Ltd., 2012, Karnataka High Court;  210 TAXMAN 597 (Kar); M.K. Kuppuraj and Ors. vs. Commissioner of Gift Tax, 2002, Madras High Court;  258 ITR 412 (Mad).
A contract of personal service cannot be specifically enforced in a civil suit. Case List Jitendra Nath Biswas vs. M/s. Empire of India and Ceylon Tea Co. and Anr., 1989, Supreme Court, (1989) 3 SCC 582; Pearlite Liners Pvt. Ltd. vs. Manorama Sirsi, 2004, Supreme Court; (2004) 3 SCC 172; Apollo Tyres Ltd. vs. C.P. Sebastian, 2009,… Read More Case List: Contract of personal services cannot be specifically enforced
Section 36 of the Companies Act, 1956 makes the Memorandum and Articles of Company, when registered, binding not only on the company but also the members inter-se to the same extent as if they had been signed by the company and by each member and covenanted to by the company and each shareholder to observe… Read More Case List: Articles of Association vs. Shareholders Agreements – Which one prevails?
A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”) (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree. In both… Read More Case List: ENFORCEABILITY OF FOREIGN JUDGMENTS IN INDIA
Find out what troubles you can invite by simply linking to a website and asking your website developer to provide for framing web content from other websites. The complete article will follow soon.… Read More Case List: Hyperlinking & Framing
Find out what Metatags are all about and how they can make you liable for manipulative Meta Tagging and Cyber Stuffing. Here is the list of all landmark cases in US and India which will be followed by a complete article soon by us.… Read More Case List: Metatagging and Trademark Infringement
Find out all the important case laws on principles of interpretation of contracts. … Read More Case List: Interpretation of Contracts
CASE LIST Sarl Louis Feraud International vs. Viewfinder, Inc. No. 05-5927-CV, 2007 WL 1598057, 2nd Cir.(N.Y.) Compuserve, Inc. vs. Patterson, 89 F.3d 1257 (6th Cir. 1996) [Text] Zippo Manufacturing Co. vs. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) [Text] Panavision International, L.P. vs. Toeppen, 141 F.3d 1316 (9th Cir. 1998), aff’g 945… Read More Case List: Jurisdiction in Cyberspace / Conflict of Laws
FOR COPYRIGHT INFRINGEMENT Sony Corp. of America vs. Universal City Studios, Inc., 464 U.S. 417 (1984) [Full Text] Fonovisa, Inc. vs. Cherry Auctions, 76 F.3d 259 (9th Cir. 1996) [Full Text] CoStar Group, Inc. vs. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004) Viacom International, Inc. vs. YouTube, Inc. 17 U.S.C Sec 512(c) Gordon Roy Parker v. Google, Inc.,… Read More Case List: LIABILITIES OF ISPs AND INTERMEDIARIES
INDIA SMC Pneumatics India Pvt. Ltd. v. Jogesh Kwatra, CS(OS) No. 1279/2001 (Delhi High Court, 2001) Avnish Bajaj vs. State, (2005) 3 CompLJ 364 Del (Delhi High Court, 2005) [Summary] Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr., CS(OS) No. 1340/2012 (Delhi High Court, 2012) [Summary] Google India Pvt. Ltd.… Read More Case List: Cyber Defamation
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar… Read More Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr.