Ex-Parte Decree Can't Be Set Aside For Mere Irregularity In Serving Summons If Party Had Enough Time To Contest It: Himachal Pradesh High Court

The Himachal Pradesh High Court has set aside a Trial Court order which set aside an ex-parte decree, while holding that an ex parte decree can't be set aside merely on the ground of irregularity in service of summons if it is established that the other party had notice of the hearing date and sufficient time to contest the claim.Justice Satyen Vaidya said: “The second proviso appended to...

Karnataka High Court Stays Proceedings Against Deputy CM DK Shivakumar In Defamation Case Filed By State BJP Unit

In an interim order passed today, the Karnataka High Court stayed the trial court proceedings against State Deputy Chief Minister DK Shivakumar in a criminal defamation case filed by the State BJP unit. The same relief was also extended to the Karnataka Pradesh Congress Committee (KPCC). A bench of Justice SR Krishna Kumar issued notice to the respondent, returnable on July 29. Notably, in...

Rajasthan High Court Enhances Compensation Of Paralysed Road-Accident Victim To ₹1.9 Cr, Says It's Not Charity But Moral Necessity

While hearing a challenge to the compensation of Rs. 1.49 crores awarded by the motor accident tribunal to a 21-year-old woman, Rajasthan High Court observed that the 100% lower body paralysis of the road-accident victim was not just an injury, but a “deep enduring rupture in the fabric of her life” that affected her sense of identity, independence and confidence.The high court thus...

'Family Of Marks' Concept Not Expressly Recognised Under Trademarks Act, But Can Be Applied To Injunct Specific Marks: Delhi High Court

The Delhi High Court has held that though the Trade Marks Act 1999 does not expressly recognise the concept of a 'family of marks' however, the same is judicially developed and can be invoked by a registered trademark owner to seek injunction against specific marks.A division bench of Justices C. Hari Shankar and Ajay Digpaul ruled,“When an entity is the proprietor of a number of...

Rajasthan High Court Extends 'Community Service' Under BNSS As Bail Condition, Asks Accused To Serve Swach Bharat Abhiyan

The Rajasthan High Court recently enlarged an NDPS accused on bail on a condition that he contribute to government's Swach Bharat mission for 2 hours daily, for two months.In doing so, the bench of Justice Sameer Jain extended the scope of 'community service' contemplated under the Bhartiya Nagarika Suraksha Sanhita 2023.The Act introduced community service as a punishment for certain...

HAMA | Widowed Daughter-In-Law Can Seek Maintenance From From Father-In-Law & Brother-In-Law: Jharkhand High Court

The Jharkhand High Court has ruled that a widowed daughter-in-law and her minor children are entitled to claim maintenance from her father-in-law and brother-in-law under Sections 19 and 22 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), provided they are unable to maintain themselves and the in-laws are in possession of coparcenary property.The Division Bench comprising Justice...

Rule 3, Kerala Service Rules; Cannot Withhold Pension Without Any Pending Disciplinary Or Judicial Proceedings: Kerala HC

Kerala High Court: A division bench consisting of Justices A. Muhamed Mustaque and Johnson John held that withholding pension without any pending disciplinary or judicial proceedings was illegal. The court held that such actions violate Article 14. The court exercised its jurisdiction under Article 226 despite the petition being filed under Article 227. The court noted that...

Madras High Court Upholds Global Prior Use In MediaMonks Trademark Dispute

The Madras High Court has allowed a rectification petition for removal of trademark filed with the name "MEDIA MONK LABEL" and "MEDIA MONK" registered and being used by the respondent. The petition was filed by an international digital advertising company of the same name. The single bench of Justice Senthilkumar Ramamoorthy, allowing the petition, held that the party that uses the mark on...

NDPS Trials Affected Due To Delay In Filling Vacancies In Forensic Labs: Kerala High Court

The Kerala High Court on Thursday (July 3) raised concern over pending vacancies in Forensic Science Laboratories (FSL), contributing to delays in concluding criminal trials under the NDPS Act.The Court passed an interim order requesting the Commissioner of Police, Ernakulam to appear before it and assist in curbing the menace of substance abuse among students of schools and colleges in...

Indore-Dewas Jam | 'Why Step Out Sans Purpose?' : NHAI Lawyer's Comment In MP HC Sparks Row; Authority Issues Notice

The National Highways Authority of India (NHAI) has issued a show-cause notice to an advocate, who, while representing the authority before the Madhya Pradesh High Court on June 30, reportedly remarked, “Why do people step out early...” in reference to the traffic jam situation on the Indore-Dewas highway. Clarifying its stance, NHAI in a statement posted on 'X'...

Allahabad HC Seeks State's Counter On Bail Plea Over FB Post Allegedly Disrespecting Indian Flag; Matter Posted For August

The Allahabad High Court on Tuesday posted for hearing in August a bail plea filed by a man accused of posting a Facebook image allegedly showing the Indian flag in a reversed position in contrast to the forward flags of Pakistan, Turkey and China. A bench of Justice Arun Kumar Singh Deshwal called for a counter affidavit from the State Government along with coloured photographs of...

Centre Notifies Appointment Of 2 Advocates As Additional Judges Of Bombay High Court

The Union government on Friday notified the appointment of two advocates as additional judges of the Bombay High Court for two years.The two advocates are:1. Gautam Ashwin Ankhad, and2. Mahendra Madhavrao Nerlikar.The Supreme Court collegium had recommended their names for elevation on September 24.It may be noted that out of the nine names recommended for appointment as judges of the Bombay...