Common Names Like 'NEHA' Can Constitute Protected Trademark If It Acquires Inherent Distinctiveness Or Secondary Meaning: Delhi High Court

The Delhi High Court has made it clear that common Indian forenames like “NEHA” can constitute protected trademark, provided it acquires an 'inherent distinctiveness' by establishing a secondary meaning in trade.Justice Sanjeev Narula observed that marks comprising everyday/ common names or generic expressions do not, by themselves, command the highest level of legal protection. The...

Turkish Company Çelebi Opposes Centre's Move Furnishing Reasons For Revocation Of Its Security Clearance To Delhi High Court In 'Sealed Cover'

Turkey based company Celebi Airport Services Private Limited on Wednesday told the Delhi High Court that it was neither given any notice nor an opportunity of being heard regarding the Bureau of Civil Aviation Security (BCAS) decision to revoke its security clearance in the "interest of national security".Senior Advocate Mukul Rohatgi told Justice Sachin Datta that the Central Government...

Mandate Of MSME Council Not Automatically Terminated For Failure To Refer Dispute To Arbitration Within 90 Days: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that the mandate of the MSME Facilitation Council to refer a dispute to arbitration under Section 18(3) of the Micro, Small and Medium Enterprises Development (MSMED) Act, following the failure of conciliation under Section 18(2), is not automatically terminated if the referral is not made within 90 days as prescribed...

'Very Disturbing': Allahabad HC On 'Minor' Spending A Year In Regular Jail As Trial Court Failed To Decide Juvenility Plea

The Allahabad High Court recently expressed its concern over a 16-year-old minor languishing in a regular jail alongside undertrial accused persons and convicts, due to the trial court's failure to decide his application claiming juvenility. A bench of Justice Subhash Vidyarthi observed that if the trial court ultimately concludes that the applicant is a juvenile in conflict with law,...

Rights Already Accrued Cannot Be Taken Away Through Subsequent Amendments Having No Retrospective Effect: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Sanjay Dwivedi held that the Academic Grade Pay (AGP) benefits once granted, cannot be taken away by subsequent amendments that only have prospective effect. The court explained that the new AICTE (All India Council for Technical Education) Regulation, 2016, cannot be used to withdraw AGP benefits granted under the AICTE...

Karnataka High Court Acquits Newspaper's Editor In Defamation Case, Says Onus Was On Complainant To Show Before Whom His Image Was Lowered

The Karnataka High Court recently set aside the conviction order passed by the trial court against Addanada Kariappa, Editor of Kannada Weekly Newspaper Veeranadu, in a criminal defamation case.A single judge, Justice Rajesh Rai K by his order dated (April 8), acquitted the accused who was convicted by the trial court for offences punishable under Section 499, 500 of Indian Penal Code...

Govt Has Moral Responsibility To Ensure That Cheated Victims Get Back Their Money Under Protection Of Depositor's Act: Madras High Court

The Madras High Court recently highlighted the shortcomings of the Tamil Nadu Protection of Interests of Depositors (TNPID) Act and emphasised that the government has to take steps to evolve mechanisms to ensure that victims get their money back and that the object of the Act is achieved. Justice B Pugalendhi of the Madurai bench noted that even though the object of the Act was to...

Gujarat High Court Directs ₹25 Lakh Aid To Wife Of Deceased Fair Price Shop Employee Who Died During Covid-19 Duty

Five years since the death of a "weigh-man"–working in a government recognized fair price shop–due to Covid-19 while performing emergency duty of distributing essential commodities, the Gujarat High Court directed the state government to grant financial assistance of Rs 25 Lakh to the deceased's wife within six weeks. The court observed that the State government had "erred in rejecting...

Allahabad High Court Judge Recuses From Hearing PIL Seeking Expeditious Filling Of Judicial Vacancies In HC

Allahabad High Court Judge, Justice Mahesh Chandra Triptahi, today recused himself from hearing a Public Interest Litigation (PIL) plea seeking a direction for the timely and expeditious filling of all the current judicial vacancies in the High Court in a time-bound manner. The matter will now be heard in July. The PIL plea, filed in March this year, states that HC is "facing...

[Arbitration Act] S.37 Not An Efficacious Alternate Remedy After Rejection Of Plea U/S 34 Seeking Enhanced Compensation: Bombay High Court

The Division Bench of Bombay High Court comprising Justices Jitendra Jain and M.S. Sonak allowed writ petitions seeking enhanced solatium under National Highways Act, 1956 in view of the decision of the Supreme Court in Union of India v Tarsem Singh and Ors. While doing so the Court rejected the argument of the Respondent that the petitions ought to be dismissed as the Petitioners...

Rise In Property Frauds With NRIs 'Disturbing', Affects Public Trust In State's Real Estate Ecosystem: Punjab & Haryana High Court

The Punjab and Haryana High Court has expressed concern over the growing number of property fraud cases against Non-Resident Indians (NRIs), terming it a “disturbing trend."While refusing to grant pre-arrest bail to accused persons who allegedly sold the property of an NRI by impersonating the owner, Justice Harpreet Singh Brar said, "This case is yet another example of a disturbing trend...

Companies Or Firms Can Invoke S.14(1)(e) Of Delhi Rent Control Act To Evict Tenant For Bonafide Use: High Court Answers Reference

The Delhi High Court has made it clear that Section 14(1)(e) of the Delhi Rent Control Act 1958 is not confined to eviction of tenants for bona fide use by a man or a woman and it includes a tenant who is a juristic entity or any other entity such as a firm, company, etc.A division bench of Justices Prathiba M. Singh and Anish Dayal reasoned that the core of the landlord-tenant relationship...