Kailash Sharma vs. The Patna Municipal Corporation and Ors. Citation: CWJC No. 9730 of 2006 Full Text here Facts: The Appellant-Company sold a certain number of fogging machines (used for killing mosquitoes) to the Respondent-Corporation for which the payment had to be made within one week of delivery. The Respondents did not pay within one week….
State Bank of Saurashtra vs. Chitranjan Rangnath Raja and Anr. Citation(s): 1980 AIR 1528, 1980 SCR (3) 915 Full Text here Facts: The appellant-bank allowed a cash credit facility limited to Rs. 75,000/- to the Principal Debtor (PD) on his pledging 5,000 tins of groundnut oil under the lock and key of the Bank and on…
Charan Singh vs Security Finance (P) Ltd. Citation(s): AIR 1988 Delhi 130 Full Text here Facts: The creditor after obtaining the money decree against the two principal debtors (PDs) and the Surety, holding them liable severally as well as jointly, decided to pursue his cause of action against the Surety, after he arrived at an agreement…
Aziz Ahmad vs. Sher Ali and Others Citation: AIR 1956 All 8 Full Text here Issue: Whether a surety is discharged when the creditor allows the execution of his decree against the ‘principal debtor to be barred by limitation. Position in England: In England, a failure to sue the principal debtor until recovery is barred by…
Citation(s): [1947] KB 130, [1956] 1 All ER 256, [1946] WN 175 Full Text here Key Words: Estoppel by conduct Facts: High Trees (HT) in this case had leased out a new block of flats from Central London Property Trust (CLP) at a ground rent of £2,500 in 1937. HT faced difficulty in getting tenants for all the…
Stephen Koenig vs. Arbitrator, National Internet Exchange of India (Nixi) & Anr. AND Jagdish Purohit vs. Stephen Koenig 2012(49)PTC304(Del), 186(2012)DLT43 FACTS: The case is about dispute regarding the domain name ‘internet.in‘. The present petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) were directed against an Award passed by the sole Arbitrator appointed by the National Internet Exchange…
Microsoft v. Motorola C.A No. C10-18230LR FACTS: In October 2010, Motorola sent two letters[1] to Microsoft, offering to license its H.264 and 802.11 Standard Essential Patents (SEPs) on terms that, Microsoft calculated, would result in a royalty of $4 billion. These two SEPs related to certain Wi-Fi and video compression SEPs. Microsoft responded by filing…
Google India Pvt. Ltd. vs. Visaka Industries Limited Criminal Petition No. 7207 of 2009 Decided On: 19.04.2011 Facts: The complainant in this case was engaged in business of manufacturing and selling of Asbestos cement sheets and allied products. It was alleged that one Gopala Krishna (A1) [Co-ordinator of “Ban Asbestos India”, a group hosted by Google (A2)]…
Suresh Babu vs. Asst. Superintendent of Police 2006(1)KLT647 Facts: Petitioner (P) was running a parcel service business. P filed a writ petition contending that his permanent employees who were exclusively engaged for loading and unloading work were covered under the Motor Transport Workers Act and, therefore, they need not be registered under the Kerala…
Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr. CS(OS) No. 1340/2012 Decided On: 09.05.2012 Facts: Plaintiffs in this case: Plaintiff No. 1 – Vyakti Vikas Kendra, India Public Charitable Trust, is a registered Public Charitable Trust constituted to implement and promote the spiritual, educational, social and developmental…
Mangalore Chemicals & Fertilizers Ltd. vs. Dy. Commissioner of Commercial Taxes & Ors. 1992 Supp (1) SCC 21 Key Words: Substantial, Procedural, Non-compliance, Statutory, Mandatory, Technicalilties Facts: Karnataka State Government issued a notification (1969) in order to provide certain incentives to entrepreneurs starting new industries in the State. The notification contained a package of reliefs…
Avnish Bajaj vs. State (2005) 3 CompLJ 364 Del Key Words: Internet Service Providers (ISPs), Cyber Space, Criminal Liability, Director’s Liability, Listing FACTS: The case involved an IIT Kharagpur student Ravi Raj, who placed on the baazee.com a listing offering an obscene MMS video clip for sale with the username alice-elec. Despite the fact that…