Sporadic Use Of Trademark In India No Ground To Assume Goodwill Or Reputation: Delhi High Court

The Delhi High Court has observed that sporadic use of a trademark in India cannot be a ground to assume that the said trademark has acquired reputation and goodwill of the mark in India.Justice Amit Bansal also noted that an internationally well-known mark itself is not a ground to assume that there has been a spillover of its reputation and goodwill in India. The Court was considering...

[CrPC] Subsequent Sanction After Cognizance Is Taken Won't Cure Initial Defect: Delhi High Court

The Delhi High Court has observed that the sanction to prosecute under Section 197 of CrPC obtained after cognizance is taken will not cure the initial defect in cognizance. “It is settled law that the Sanction had to be obtained prior to taking of cognizance. Subsequent sanction would not cure the initial defect in cognizance,” Justice Neena Bansal Krishna said in an order passed on...

P&H HC Raps Punjab Govt For Claiming Budget Restraint For FSL Tools, Seeks Details On Funds Spent In Advertisement & Buying Vehicles For Police

The Punjab & Haryana High Court has asked Punjab Government to give detail on funds spent on publication of the advertisements and new vehicles purchased for the police officials.The Court said response from the Director, Forensic Science Laboratory, Punjab, that there is serious budget restraint for purchasing new tools necessary for investigation is "not acceptable."Justice Sandeep...

Delhi HC Rejects Income Tax Director's Appeal U/S 19 Contempt Of Courts Act, Says Appeal Maintainable Only If Order Imposes Punishment

The Delhi High Court has dismissed the appeal preferred by a Director of Income Tax under Section 19 of the Contempt of Courts Act, 1971.A division bench of Justices Chandra Dhari Singh and Manoj Jain observed that in the absence of the contempt court recording a finding of guilt or imposing a punishment, the appeal preferred under Section 19 by an alleged contemnor, the Income Tax Director...

'How Chinese Manjha Available In Market Despite State-Wide Ban?': Chhattisgarh HC Asks Govt Over Minor's Death

The Chhattisgarh High Court on Monday took suo moto cognizance over the unfortunate death of a 7-year-old boy after a chinese manjha got stuck in his neck. Taking a strict view over the availability of Chinese manjha in the state markets despite a state-wide ban, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal directed the state secretary to file an affidavit...

After State Govt, CBI Approaches Calcutta High Court Seeking Death Penalty For RG Kar Convict

The Central Bureau of Investigation (CBI) has filed an appeal in Calcutta High Court challenging the life sentence imposed on the convict in the RG Kar rape and murder case Sanjoy Roy.The CBI has called for a death sentence for Roy, who was found guilty of the gruesome rape and murder of the trainee doctor at RG Kar college and hospital. Notably, the state had also approached a division...

S.69 CGST Act | Commissioner Must Specify Necessity Of Arrest In Addition To 'Reasons To Believe' That Assessee Committed Offence: Gauhati HC

The Gauhati High Court has held that Section 69 of the Central Goods and Services Tax Act 2017, which confers power to arrest on a Commissioner under the Act, requires the authority to not only record 'reasons to believe' that an assessee committed the specified offence but also specify the necessity to arrest.While dealing with a writ petition challenging Petitioner's arrest, Justice...

[UAPA] Long Incarceration Can't Lead To Bail When Case Involves Transnational Terrorism, Anti-National Activities: Delhi High Court

The Delhi High Court has observed that long incarceration in itself cannot lead to an accused being released on bail where the case involves transnational terrorism and anti-national activities. “This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale,...

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court further clarified that if the bail application of one co-accused is rejected, then the bail application of another co-accused may still be granted if the allegations against...

'Cyber Crime Like A Silent Virus Costing Society More Than Money': Allahabad HC Denies Bail To 'Digital Arrest' Accused

Taking note of the surge in cybercrimes across the nation, the Allahabad High Court recently observed that cybercrime in our country is like a silent virus, and it has affected an uncountable number of innocent victims who have been defrauded of their hard-earned money. The Court also noted that cybercrime affects people across the nation, irrespective of religion, region, education,...

Gujarat High Court Advocates' Association Distances Itself From AG's Statements Lamenting Bar President's Verbal Spat With Chief Justice

The Gujarat High Court Advocates' Association (GHCAA) in its Extra Ordinary General Meeting on Wednesday (January 22) distanced itself from the statements made by the advocate general and the other members of the bar during their interaction with the Chief Justice's bench on Monday over an incident involving an exchange between the bench and GHCAA President Brijesh Trivedi. The development...

Telangana High Court Annual Digest 2024 [PART II]

Citations: 2024 LiveLaw (Tel) 112 To 2024 LiveLaw (Tel) 210Burden Under Customs Act To Prove Dutiable/ Prohibited Goods Not Meant For Smuggling Lies On Person Found In Possession: Telangana High CourtShaik Mohammed Sadiq vs The Principal Commissioner of Customs & batchCitation: 2024 LiveLaw (Tel) 111The Telangana High Court recently upheld the action of Customs officials seizing gold...