High Courts
Delhi High Court Restrains Online Stores Selling Counterfeit S Chand Books, Orders Flipkart To Remove Listings
The Delhi High Court has restrained four online bookstores from selling counterfeit versions of S Chand and Company Limited's textbooks after finding that pirated copies of the publisher's works were being sold through their storefronts on Flipkart. The Court also directed Flipkart to take down the infringing listings. A single bench of Justice Manmeet Pritam Singh Arora passed the...
SARFAESI Act | Secured Creditors To Get Priority After Enactment Of S.26E: Punjab & Haryana High Court
Observing that post-notification of Section 26E of the SARFAESI Act on 24.01.2020, debts due to secured creditors must be accorded statutory priority over all other dues, the Punjab & Haryana High Court has clarified that in all cases where the charge was created after the said date, secured creditors will rank above State revenue claims. The Court noted that numerous litigations are...
Filing Entrepreneur Memorandum Not Mandatory Under MSME Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that filing an Entrepreneur Memorandum is not a mandatory requirement for micro and small enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Court remarked that micro and small enterprises are not bound to file the Entrepreneur Memorandum within 180 days of commencement of the MSMED Act, as the filing was voluntary,...
Makar-Sankranti Festival: MP High Court Orders Strict Implementation Of Chinese Manjha Ban
The Madhya Pradesh High Court, on Thursday (December 11), directed the Indore Police Commissioner and Superintendent of the adjoining district to ensure the strict implementation of the ban on the manufacture, sale, storage and use of Chinese Nylon Threat (Manjha). On December 8, the bench had directed the Registry to register a suo motu public interest litigation regarding the illegal sale...
Gujarat High Court Slams State For Wasting Public Funds By Filing Frivolous Plea In Private Dispute Between Heirs, Orders Inquiry
The Gujarat High Court on Thursday (December 11) dismissed State's appeal against a single judge's decision which had quashed orders passed by the revenue authorities refusing mutation of a land to a woman, which was based on consent decree between her and her brother passed by the civil court. In doing so the court said that it was deeply disturbed by the State filing frivolous appeal by wasting public funds and judicial time in a case where the State had no interest in the land in...
P&H High Court Allows PSU's Claim For RD Sale Deduction, Says Benefit Cannot Be Denied Based On Stolen But Genuine ST-15 Forms
In a significant relief to a Government of India Public Sector Undertaking (PSU), the Punjab & Haryana High Court has set aside orders passed by the Assessing Authority and the Haryana Tax Tribunal disallowing Recurring Deposit sale deduction on the basis that the ST-15 forms furnished by purchasing dealers were stolen or not backed by renewed registration.A bench of Justice Jagmohan Bansal and Justice Amarinder Singh Grewal noted, "It is undisputed that forms were genuine though stolen. Had...
Outsourced Forest Staff Cannot Be Discontinued Over Mere Classification Under 'Wrong Salary Head': Uttarakhand High Court
The Uttarakhand High Court has granted relief to a slew of outsourced workmen (petitioners) of the Uttarakhand Forest Department— whose engagement was discontinued on the sole ground that there was a change in the salary head from which their wages were being drawn— directing the State Government to not discontinue the services of such workmen on such grounds.The services of the petitioners— who were engaged through outsourcing in different divisions of Uttarakhand Forest Department (Respondent)...
SARFAESI Sale Cannot Proceed If Sale Certificate Is Not Issued Before IBC Moratorium: Bombay High Court
The Bombay High Court on Wednesday held that a secured creditor cannot proceed with a SARFAESI sale once an interim moratorium under the Insolvency and Bankruptcy Code comes into force. It rulled that the Union Bank of India was not entitled to accept balance payments or issue a sale certificate after the personal insolvency process against the borrower had commenced. In an order passed...
Delhi High Court Temporarily Bars Bhiwadi School From Infringing Delhi Public School's Well-Known Trademark
The Delhi High Court has temporarily restrained a Bhiwadi, Rajasthan-based school from using the name “Delhi Public School International,” the acronym “DPS,” or a torch-and-shield logo after finding them deceptively identical to the well-known marks of the Delhi Public School Society (DPS Society). The court also ordered that the school's domain name be suspended. Justice Manmeet...
“13 Yrs Lost To Administrative Paralysis”: J&K&L High Court Slams Govt For Delay In Establishing Degree College In Pahalgam Constituency
The Jammu & Kashmir and Ladakh High Court, in a powerfully worded judgment, expressed deep anguish over more than a decade of administrative indecision that prevented the establishment of a sanctioned Government Degree College in the Pahalgam constituency.Justice Wasim Sadiq Nargal held that the combined effect of prolonged inaction, contradictory official communications, and the...
Delhi High Court Calls For Coordinated Policy To Prevent Delay In Transporting DNA Evidence In Sexual Assault Cases
The Delhi High Court has called for framing of a coordinated policy to prevent the delay in transportation of DNA samples in cases of sexual assault. Justice Swarana Kanta Sharma called for an urgent and coordinated policy framework between the Delhi Police, forensic laboratories and Delhi Government's Health and Home Departments. The Court did so to ensure strict and uniform compliance with...
No Parallel Proceedings; Revenue Authorities Should Step Aside Once Civil Court Takes Up Dispute: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that revenue authorities cannot run concurrent proceedings once a civil court has already seized a dispute. Court noted that this principle was violated in a Kupwara land-pathway dispute where both sides simultaneously sought remedies before different forums.Justice Wasim Sadiq Nargal, while dismissing a writ petition filed by one...