Threshold Of 'Deceptive Similarity' Is Lower For Food Products: Delhi HC Directs Swiggy, Zomato To Delist Restaurants Infringing Domino's Trademark

The Delhi High Court has restrained fifteen entities from infringing the trademark of famous pizza chain Domino's or its erstwhile trade name Dominick's Pizza, by using deceptively similar marks.In doing so, Justice Saurabh Banerjee observed that in disputes involving edible products, the threshold for establishing deceptive similarity is lower than that applied in other cases.“In essence,...

Section 304A IPC | Accidental Death Of Sub-Contractor's Worker Cannot Make Contractor Culpable If Harm Was Unforeseeable: Kerala High Court

The Kerala High Court recently quashed the criminal proceedings initiated against a contractor (1st accused/petitioner) under Section 304A IPC for negligently causing the accidental death of her sub-contractor's worker.Justice V.G. Arun held that the ingredients under the section would not be attracted if the death was caused by unforeseeable harm and not due to any rash or negligent act of...

"Shocked" Over Sale Of Drugs, Ciggerates & E-Cigarettes Outside Schools, Bombay High Court Takes Suo Motu Congizance

The Aurangabad bench of the Bombay High Court recently took suo motu cognizance of the illegal sale of drugs, ciggarates and even e-cigarettes near schools and colleges in the city.A division bench of Justices Ravindra Ghuge and Yanshivraj Khobragade were "disturbed" to take note of the news items published in the Marathi Daily "Dainik Sakal" in the June 14 and June 16 editions. The news...

Karnataka HC Strikes Down Amendment Imposing Tax On 'Minimum Tariff' In Electricity Charges, Says It Amounts To Taxing Units Not Yet Sold

The Karnataka High Court has declared Section 3(1) of the Karnataka Electricity (Taxation on Consumption) Act, 1959, as amended by Act No.7 of 2003 and Act 40 No.5 of 2004, imposing tax on "minimum tariff" electricity charges, as unconstitutional.Justice Anant Ramanath Hegde has also held that “Supply of electricity to the consumer to ensure availability of electricity for consumption, does...

Madras High Court Issues Notice To 5 IAS Officers And Others In Contempt Plea Regarding Encroachment Of Temple Land

The Madras High Court has issued notices on a contempt plea regarding encroachment of temple land. The bench of Chief Justice KR Shriram and Justice Sunder Mohan issued notices to Ms P. Amudha IAS (Secretary to Government – Department of Revenue and Disaster Management), Ms S. Madhumathi IAS (Secretary to Government – Department of School Education), Dr. B. Chandramohan IAS...

'Troubling Pattern Of Bulldozer Justice': Orissa High Court Orders Recovery Of ₹2 Lakh From Salary Of Tahasildar For Illegal Demolition

In a strong judicial retaliation against unlawful 'bulldozer action', the Orissa High Court has ordered the State to pay rupees ten lakhs compensation, out of which rupees two lakhs are to be recovered from the salary of the concerned Tahasildar, for illegally demolishing a structure belonging to a community centre.Reprimanding the executive excess in clear derogation of judicial orders,...

Producer Of Suresh Gopi-Starrer 'Janaki v/s State Of Kerala' Film Moves Kerala High Court Against Delay In Certification By CBFC

Cosmos Entertainment, the company which has produced the Malayalam movie 'JSK – Janaki v/s State of Kerala', has moved the Kerala High Court against the delay by the Central Board of Film Certification in certifying the film. Notably, Suresh Gopi, a BJP politician and Union Minister of State for Petroleum and Natural Gas, is starring in the movie.As per the petitioner, they had submitted...

'Irrelevant Whether Ticket No. Was Stated Incorrectly': P&H High Court Grants ₹8 Lakh Damages To Passenger Who Died In Accident On Railway Track

The Punjab & Haryana High Court has granted a compensation of of Rs.4 lakh along with interest @ 7.5% per annum from the date of accident till the date of actual realization or Rs.8 lakh “whichever is higher.“Justice Pankaj Jain said, "once it stands proved that deceased-Gaurav Kumar was holding a valid Monthly Seasonal Ticket (MST) on the given date even though last digit was...

Eden Gardens Not A 'Public Street', Imposing Ad Tax Without Regulations Violates Rule Of Law: Calcutta High Court Quashes Demand Notice

The Calcutta High Court bench of Justices Arijit Banerjee and Justice Kausik Chanda has held that without framing Regulations or without the budget estimate prescribing the rates at which advertisement tax may be levied by Kolkata Municipal Corporation (KMC), computation and imposition of such tax would be arbitrary. It would have no rational basis. It would then be open to KMC to quantify...

Kerala High Court Criticizes State Govt For Not Enacting Law Against Black Magic, Asks About Other Deterrent Steps

The Kerala High Court today (24 June) expressed its discontent with the State government's inaction to take steps to curb the practices of black magic, witchcraft, sorcery, or other inhuman, evil and sinister practices by enacting a law.The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a PIL filed by Kerala Yukthi Vadhi Sangham seeking enactment and...

Madhya Pradesh High Court Rejects Appeal To Allow Urs, Namaz At Gwalior's Centrally Protected Muhammad Ghaus Dargah

The Madhya Pradesh High Court last week dismissed an intra-court appeal seeking permission to perform religious and cultural activities, including Urs (Jalsa) and Namaz, at the tomb of Hazrat Sheikh Muhammad Ghaus in Gwalior, a monument declared of national importance and protected (in 1962) under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. A Bench...

MP High Court Issues Notice On Plea Questioning Vires Of Rule Mandating Convict's Prior Surrender To Challenge Conviction

The Madhya Pradesh High Court has issued notice on a writ petition challenging the constitutionality of a provision under the MP High Court Rules 2008 mandating prior surrender by a convicted person as a pre-condition to challenge the conviction order. The plea asserts that Rule 48 is ultra vires the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which does not impose any such precondition...