Important Delhi High Court Judgments April 2019

Trade Marks Act, 1999 - Section 29 - Infringement of registered trademarks - the Plaintiff is the registered owner of the Trademark "LOUIS VUITTON", the "LV" logo and the "Toile Monogram" pattern - the Defendants have infringed the trademark of the Plaintiff and committed the tort of passing off - the suit is decreed in favour of the Plaintiff. Sanjeev Narula, J. Louis Vuitton Malletier v. Iqbal Singh, C.S. (COMM) No. 607 of 2018 03-04-2019

Prevention of Money-Laundering Act, 2002 - Section 71 - The objective of PMLA being distinct from the purpose of RDBA, SARFAESI Act and Insolvency Code, the latter three legislations do not prevail over the former. - The PMLA has the overriding effect over other existing laws in the matter of dealing with "money-laundering" and "proceeds of crime" relating thereto. R.K. Gauba, J. Deputy Director Directorate of Enforcement Delhi v. Axis Bank, Crl.A. No. 143 of 2018 02-04-2019

Code of Civil Procedure, 1908 - Order XV - Disposal of the Suit at the First Hearing - Surely, the appellant would be within its right to challenge the validity of a registered instrument i.e conveyance deed but that shall be in an appropriate proceedings and not in proceedings where he has not challenged the conveyance deed. Rajendra Menon (CJI) & V. Kameswar Rao, J. Rajat Sud v. J.P. Sud, F.A.O. (OS) NO. 66 of 2018 01-04-2019

Arms Act, 1959 - Section 25 - 'Conscious Possession' - the expression 'possession' refers to possession backed with the requisite mental element, that is, 'conscious possession'. Mere custody without the awareness of the nature of such possession does not constitute an offence under the Act - 'Conscious possession' of any fire arm / ammunition is a necessary ingredient of the statutory offence, entailing strict liability on the offender. Sangita Dhingra Sehgal, J. Davinder Singh Dhindsa v. State (N.C.T of Delhi), W.P. (Crl) No. 344 of 2019 01-04-2019

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014]

Adverse Possession | Ravinder Kaur Grewal v. Manjit Kaur, C.A. No. 7764 of 2014 07-08-2019 SC

SUPREME COURT OF INDIA | Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - 8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

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