High Courts
Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court
The Delhi High Court has made it clear that under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.Justice Tejas Karia thus granted interim injunction in favour of global integrated security company 'G4S' and restrained '4GS', also engaged in providing security services and registered with...
Employees Compensation Act Does Not Bar Lok Adalat From Adjudicating Compensation Claim Upon Employee's Death: Kerala High Court
The Kerala High Court recently held that Permanent Lok Adalats can settle or adjudicate the claims for compensation against employers upon the death of employees. It found that the bar under the Employees Compensation (EC) Act do not apply to the proceedings under Section 22C of the Legal Services Authorities Act.Justice M.A. Abdul Hakhim was considering an appeal preferred by the parents of...
Denial Of Re-Testing Of Seized Goods Must Be Occasional And Recorded In Writing: Bombay High Court
The Bombay High Court has held that re-testing of seized goods is a trade facilitation measure, not to be denied in the ordinary course. Justices M.S. Sonak and Advait M. Sethna stated that "...Ultimately, such denial must be only occasional and that too, on reasonable grounds to be recorded in writing. The guidelines emphasised that this facility of re-testing is nothing but a...
X Corp Can't Challenge Indian Laws Regulating Social Media Invoking 'Citizen Centric' Article 19: Karnataka High Court
The Karnataka High Court has ruled that X Crop, formerly Twitter, being a foreign entity cannot challenge Indian laws regulating social media here invoking Article 19 of the Constitution of India. Justice M Nagaprassana said that a company which is faceless in India, cannot on the basis of “baseless allegations”, come forward and challenge the laws of the nation.“In the same manner, X...
Mere Pendency Of Appeal Does Not Operate As Stay On Execution Of Trial Court's Decree: AP High Court
The Andhra Pradesh High Court has held that mere pendency of appeal in a Civil Court does not operate as stay on execution of a decree passed by the Trial Court.For context— the Court was dealing with a case where the petitioner lost a suit for eviction and filed an appeal, which was later dismissed for non-prosecution, leaving the Trial Court's decree intact. The decree holder...
'State Cannot Evade It's Financial Obligations': J&K High Court Calls For Framework On Speedy Payment To Contractors
The Jammu and Kashmir and Ladakh High Court has held that “the State cannot be permitted to evade its financial obligations” and directed the UT authorities to release ₹97.87 lakh along with 6% interest to a contractor whose bills were kept pending since 2017.Justice Wasim Sadiq Nargal, while pronouncing judgment in the petition filed by M/s Saint Soldier Engineer and Contractor Pvt....
Cruelty After Marriage Robs Women Of Dignity, Fight Against Domestic Violence Far From Over: Delhi High Court
The Delhi High Court has observed that cruelty in the matrimonial homes robs women of their dignity, underscoring that fight against social evils like dowry and domestic violence is far “from over.”“It is profoundly unfortunate that, even in present times, many women continue to suffer cruelty within their matrimonial homes, inter alia, for demand of dowry. Such cruelty not only robs...
AP High Court Issues Notice On Plea Challenging Power Of Deputy Director Of Prosecution U/S 20(8) BNSS To “Examine” Police Reports
The Andhra Pradesh High Court has admitted a writ petition filed by one Keyur Akkiraju, challenging the constitutional validity of Section 20(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Section 20(8), which is a new provision added in the BNSS, provides that the powers and functions of the Deputy Director of Prosecution (DDP) shall be to examine and scrutinise police reports...
Confirmation Of Attachment Under PMLA Does Not Authorize Property Retention, Valid Order Must: Delhi High Court
The Delhi High Court has observed that the confirmation of attachment of property involved in money laundering under Section 8(3) of PMLA does not authorize retention of such a property, as the process requires a valid order to be passed under Section 20. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar said that the procedural safeguards...
Delhi High Court Grants Relief To 'Crocs', Cancels Registration Of Deceptively Similar "Croose" Trademark
Granting relief to multinational footwear manufacturer Crocs, the Delhi High Court has ordered cancellation of trademark registration granted to mark 'CROOSE' in Class 25 which includes footwear for human use.Justice Tejas Karia found the CROOSE mark to be “deceptively similar” to the US-based footwear brand's Crocs.The bench observed, “the placement of the Impugned Mark is identical...
Allahabad High Court Quashes FIR Against Shaadi.com, CEO Anupam Mittal In Alleged Cheating Case
On Friday, the Allahabad High Court quashed the FIR lodged by a customer against Shaadi.com CEO, Anupam Mittal in an alleged cheating case on grounds that he did not commit any offence in his personal capacity.The informant, a lawyer, had paid for services on shaadi.com. It is his case that he was being harassed and blackmailed by one Monika Gupta, who had allegedly recorded the...