Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction

The Delhi High Court has recently overturned a Commercial Court order that had temporarily barred superfoods maker Nutrivative Foods Pvt. Ltd. from using its “Nourish You” mark, holding that the injunction violated the statutory protections granted to a registered trademark owner under the Trade Marks Act. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, on...

HC Cannot Grant Interim Bail To Convicts Under Article 226 When Request For Premature Release Is Pending Before Govt: Madras High Court

The Madras High Court recently held that the high courts could not exercise their power under Article 226 of the Constitution to grant interim bail to a convict while their request for premature release was pending consideration before the appropriate government. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that once the sentencing part is over, the convict is...

Amount Deposited Under Protest During Customs Probe Can Be Adjusted Towards Pre-Deposit In Appeal: Delhi High Court

The Delhi High Court has held that an amount deposited with the Customs under protest, during investigation by the Department, can be adjusted towards pre-deposit to be made when filing appeal against its order.For context, Section 129E of the Customs Act, 1962 requires deposit of 7.5% of the amounts which are in dispute, when filing an appeal before Commissioner (Appeals) or CESTAT.In the...

Highway Authority Can't Re-Evaluate Site Suitability After Granting Provisional Permission For Petrol Pump: Kerala High Court

The Kerala High Court has held that the Highway Administration cannot reconsider compliance with Guidelines issued by the Ministry of Road Transport and Highways (MoRTH) at the stage of final access permission, when a valid Provisional Permission for establishment of Petroleum Retail Outlet has been issued earlier under Section 28 of the Control of National Highways (Land and Traffic)...

Married Sister Can Be Dependent For Claiming Motor Accident Compensation: Karnataka High Court

The Karnataka High Court recently said that in Indian social context, it is not uncommon for daughters and sisters, even after marriage, to maintain a close relationship with their parental family. The earning member of the family often contributes towards their welfare and social needs, it added. "Therefore, their right to claim compensation cannot be denied merely on the ground of their...

Assessee Missed Hearing Due To Faulty VC Link & Hearing Email Sent At 3AM: Kerala High Court Quashes CIT(A) Order

The Kerala High Court has set aside an order passed by the Commissioner of Income Tax (Appeals) after finding that the assessee missed the hearing due to the non-functional video-conference link (VC link) and because the hearing link was emailed at an odd hour, i.e., at 3:13 a.m. CDT (Central Daylight Time) while he was in the U.S. Justice Ziyad Rahman A.A. stated that the assessee...

'Unconstitutional': MP High Court Strikes Down Rule Limiting PG Medical Seats To MBBS Graduates From Within State

The Madhya Pradesh High Court, on Wednesday (November 19), held that the amendment introduced in the MP Medical Education Admission Rules, 2018, which barred students who have completed their MBBS from institutions outside Madhya Pradesh from seeking admission to post-graduate medical courses in the private colleges in the State, was unconstitutional. The division bench of Chief Justice...

Vacancy Reserved For Disabled Persons Identified In 2019 But Advertised In 2023 Would Be Considered Backlog Vacancies: MP High Court

The Madhya Pradesh High Court has clarified that vacancies reserved for persons with disabilities, which had been identified as far back as 2019 but were advertised only in 2023, would be treated as backlog vacancies. The bench of Justice Ashish Shroti examined the provision of the M.P. Junior Service (Joint Qualifying) Examination Rules, 2013 and the Right of Persons with Disabilities Act,...

Income Tax Act | Alternative Remedy No Bar When Reassessment Notice Lacks Jurisdiction U/S 148/149: Sikkim High Court

The Sikkim High Court stated that when the reassessment notice itself is illegal, issued without jurisdiction, or beyond the time limit prescribed under the Income Tax Act, the Court can directly examine the validity of the notice under Article 226, even though an appeal under the Act is otherwise available.A Single Bench of the Sikkim High Court, comprising Justice Meenakshi Madan Rai,...

Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...

S. 319 CrPC | Suspect Not Summoned At Cognizance Stage Can't Be Summoned Later Based On Same Material: Delhi High Court

The Delhi High Court has made it clear that once cognizance of an offence has been taken and the accused placed in Column No.12 (suspect) of the chargesheet is not summoned, he cannot be summoned subsequently without there being any additional evidence on record.Justice Neena Bansal Krishna observed,“Section 319 Cr.P.C. empowers the Court to summon the Accused placed in Column...

District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court

The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...