Kerala High Court Dismisses Plea Against CIAL's Decision To Conduct Online AGM, Says Centre Can Exempt Physical Meeting U/S 96 Companies Act

The Kerala High Court recently dismissed a plea challenging the decision of the Cochin International Airport Ltd. (CIAL) to conduct its Annual General Body Meeting (AGM) through online modes.Rejecting the petitioner's contention that the AGM has to be held either at the registered office of the Company or some other place within the city, town or village, Justice N. Nagaresh dismissed the...

Allahabad High Court Grants Interim Relief To Man Accused Of Posting Threat On WhatsApp Against MP Chandra Shekhar Azad

The Allahabad High Court recently granted interim protection against coercive processes to a man accused of allegedly threatening Aazad Samaj Party MP Chandrashekhar Azad 'Ravan' in a WhatsApp group message. A bench Justice Ram Manohar Narayan Mishra granted relief to one Nitish Agrawal Alias Sona Pandey who is facing a cognizance and summoning order in connection with an FIR...

Proceedings For Conciliation & Arbitration Under MSME Act Cannot Be Clubbed: Bombay High Court

The Bombay High Court has set set aside two ex-parte orders passed by the Micro and Small Enterprises Facilitation Council (MSEFC), Daman holding that the council acted in breach of mandatory two stage procedures under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”). The court remitted the matter for fresh arbitration in accordance with law. A bench led...

Trade Secret Infringement Requires Existence Of Valid Secret Which Owner Took Reasonable Steps To Protect: Telangana High Court

The Telangana High Court Division Bench, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, observed that while hearing a Commercial Court Appeal (“CCA”), the existence of a trade secret is premised upon an assumption that the information sought to be protected is not readily accessible to others and has an independent economic value. This aspect of a trade...

[Arbitration Act] Doctrine Of Merger Inapplicable When Superior Forum Has Not Decided Issue In Question: Gujarat High Court

The Gujarat High Court held that the doctrine of merger does not preclude the decree holder from claiming post award interest at 18% under section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The court quashed an order passed by the Principal District Judge by which it rejected the review application. The court directed the State of Gujarat to recalculate and...

'Defeats Purpose Of Life Insurance': Kerala High Court Expresses Concern Over LIC's Denial Of Medical Claims On Trivial Grounds

The Kerala High Court has set aside the Life Insurance Corporation of India's (LIC) decision to repudiate medical insurance, holding that repudiation of medical claims by insurers cannot be sustained when based on unrelated pre-existing conditions or when raised beyond the statutory bar under Section 45 of the Insurance Act, 1938.Justice P.M. Manoj, delivered the judgment in two connected...

'In An Era Of Unaffordable Housing, Accused Can't Be Denied Bail For Lacking Permanent Residence; Even Hermits Have Rights': P&H High Court

In a significant observation, the Punjab and Haryana High Court held that the absence of a permanent residence cannot be a valid ground to deny bail to an accused, especially in an era where skyrocketing property prices and rental challenges make it difficult for many to secure stable housing.The Court granted bail to a man accused in fraud case under Sections 406, 420, 468, 120-B...

Circulars/Instructions Of General Superintendence Do Not Require Gazette Notification U/S 69(1) Of Registration Act: Telangana High Court

The Telangana High Court Division Bench, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, observed that while hearing a Civil Miscellaneous Application (“CMA”) observed that the rule-making power of the Inspector General u/s 69(1) of the Registration Act, 1908, does not require any publication in the official gazette. Factual Matrix: The Appellant filed...

Punjab & Haryana High Court Reprimands Lawyers For Using AI, Google On Phone To Answer Queries During Hearing; Seizes Device

In a stern move, the Punjab and Haryana High Court reprimanded lawyers for using artificial intelligence tools and Google on their mobile phones to respond to Court's queries during arguments. Taking serious note of the conduct, the court seized the mobile device of one of the lawyers for a certain time, underscoring that such practices is "unacceptable".Justice Sanjay Vashisth said, "Such...

Delhi High Court Grants Ex-Parte Interim Injunction In Mankind Pharma's Suit, Restrains 'Dickind', 'Lonokind', 'Fenkind' & 'Chimokind' Marks

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Mankind Pharma, in relation to its 'Kind' family of marks.Justice Tejas Karia restrained the defendant entity from using, till the next date of hearing, marks like 'DICKIND', 'LONOKIND', 'FENKIND' and 'CHIMOKIND'.The bench observed that the identity in the impugned marks is so close to Mankind's trademarks that...

Father Cannot Seek Refund Of Excess Maintenance Paid To Children After They Attain Majority: HP High Court

The Himachal Pradesh High Court has held that a father cannot seek a refund of maintenance paid to his children after they attain majority, as he has a moral duty to support them for their education.Justice Vivek Singh Thakur and Justice Sushil Kukreja remarked that: “...being a father, even if, he has no legal duty, but has a moral obligation and duty as a father to ensure maintenance to...

'Mere Awareness Of Contract Or Likelihood Of Receiving Incidental Benefits Not Sufficient To Establish Privity': Bombay High Court

The Bombay High Court has held that mere knowledge of a contract or incidental benefits flowing from it cannot create privity of contract or confer enforceable rights against third parties. The Court ruled that in the absence of a direct contractual relationship, no cause of action arises.Justice Kamal Khata was hearing an interim application filed by Amey Realty & Construction LLP...