'Slept Over' Matter: AP High Court Dismisses Challenge To 1996 Land Resumption Order, Says Plea Filed With Unexplained 20-Yrs Delay

The Andhra Pradesh High Court has upheld an order of a single judge bench which had dismissed a 2016 writ petition challenging a 1996 cancellation of land assignment— noting that the challenge was made after an unexplained delay of 20 years.The appellant had purchased a parcel of land in 1990. However, in 1996, the Revenue Divisional Officer (Respondent 3) had cancelled the assignment,...

Delhi High Court Stays Registration Of Mark Found Similar To Dabur's Pudin Hara

The Delhi High Court has stayed the opertaion of trademark registration for “Wellford Pudin Hara,” holding that its adoption appears prima facie dishonest and likely to confuse consumers familiar with Dabur's digestive remedy “Pudin Hara". Pudin Hara is a popular mint based over-the-counter herbal product used for indigestion and stomach discomfort. The court said the impugned...

Delhi High Court Asks Social Media Platforms To Act On Salman Khan's Plea To Protect Personality Rights, Bars Unauthorized Merchandise Sale

The Delhi High Court on Thursday (December 11) directed various social media intermediaries to treat a suit filed by actor Salman Khan seeking protection of his personality rights as a complaint under the Information Technology Rules and take steps within three days. Justice Manmeet Pritam Singh Arora passed the order in the actor's suit filed against various defendants, including John...

Non-Signatory, Non-Existent LLP Cannot Invoke Arbitration Protection Through Group Of Companies Doctrine: Meghalaya High Court

The Meghalaya High Court has dismissed an appeal filed by Suraksha Salvia LLP against the State Government's termination of a Public-Private Partnership (PPP) for a diagnostic centre in Shillong, ruling that a company that was not even in existence on the date of agreement execution cannot seek protection under section 9 of the Arbitration and Conciliation Act. The Division Bench comprising...

ITC Cannot Be Denied For Non-Filing Of TRAN-1 Due To Transition Issues When GST Regime Came Into Effect: Delhi High Court Allows Credit Of ₹99 Lakh

The Delhi High Court held that legitimate transactional Input Tax Credit (ITC) cannot be denied when the assessee was unable to file TRAN-1 due to a GST portal glitch during the shift to the GST regime. The bench noted that since the form could not be filed in time, the distribution could not take place as per Rule 39(1)(a) of the CGST Rules within one month.Rule 39(1)(a) of the Central Goods...

Rajasthan High Court Raps Axis Bank For 'Unwarranted' Withdrawal Of Court-Sealed Fixed Deposit, Says No One Above Law

The Rajasthan High Court has dismissed a petition filed by Axis Bank challenging Trial Court order directing it to re-deposit around Rs. 8 crore that it had unilaterally appropriated from a Fixed Deposit which was mandated by the Court.The bench of Justice Anoop Kumar Dhand observed that when a constitutional court or any court passes an order, every person or authority, regardless of rank,...

Bombay High Court Sets Aside Award Ordering Sharekhan To Refund Rs 4.87 Lakh In Brokerage

The Bombay High Court has set aside an arbitral award that had directed Sharekhan Limited, a broking firm, to refund Rs 4.87 lakh in brokerage to its client Darshini Shah. The court held that the arbitral tribunal had irrationally treated the same 2007 contract between the parties as valid for permitting trades but invalid for charging brokerage and that such a conclusion was...

'Golden Hour' Critical In Cybercrime: Karnataka High Court On Plea For Show Cause Notice Before Freezing Bank Accounts

The Karnataka High Court on Thursday disposed of a PIL seeking issuance of show cause notice by authorities before freezing bank accounts of persons where complaints of cybercrime are reported.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha orally observed, “You have to look at it from the perspective of ensuring recovering instantaneously. The first hour is called...

'Did Not Apply Mind': Gujarat High Court Quashes Tax Authority's Order Refusing To Condone Delay In Filing Return Due To COVID Pandemic

The Gujarat High Court quashed an order of the tax authorities rejecting a partnership firm's application seeking condonation of 13 day delay in filing income tax return on account of Covid pandemic, observing that authority "did not apply its mind" to the reasons given by the firm. The petitioner partnership firm engaged in real estate development business had challenged a 27.10.2023...

Bombay High Court Bars Use Of 'COX 5000' Mark, Says '5000' Belongs To Haywards 5000 And Imposes ₹10 Lakh Cost

The Bombay High Court has permanently restrained Madhya Pradhesh-based Jagpin Breweries Limited, a manufacturer of mass-market beer brands, from using the mark “COX 5000” or any other beer mark containing the numeral “5000”. The court held that the numeral is the “dominant, essential, and memorable feature” of the famous strong beer brand “HAYWARDS 5000”, now owned by...

Wife Sending Nude Photos To Another Man Not Expected In Indian Society: MP High Court Upholds Divorce On Ground Of Adultery

The Madhya Pradesh High Court has affirmed a Family Court order granting divorce to a husband after it was established that his wife was engaged in an illicit relationship with another man. The bench of Justice Vishal Dhagat and Justice BP Sharma observed,"Considering the totality of the facts and evidence especially the nude photographs, emails, chats, SMS messages, and other circumstances it...

Civil Service Rules | Regularized Employee Can't Be Denied Pension Citing Artificial Breaks In Ad-Hoc Service: MP High Court

The Madhya Pradesh High Court directed the State to treat the ad-hoc service of a Physics lecturer, working in a Government College in District Sagar, as continuous service for pension purposes. The bench of Justice Deepak Khot observed that the artificial break during his ad hoc service was 'fictional'. It held,"...the breaks which were given during adhoc period of the petitioner were...