Standard Essential Patent Owners Can Pray For Interim And Final Injunctive Relief If Infringer Deemed To Be An ‘Unwilling Licensee’: Delhi High Court

Foreign Jurisprudence On ‘Standard Essential Patent’ Has To Be Adapted In Indian Realities As India’s Judge Population Ratio Extremely Poor And Expeditious Disposal Of Patent Suits Not Expected: Delhi HC

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case

The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail.The court passed the above order in a petition filed under Section 439 of the CrPC, seeking grant of regular bail in an...

Well Owners Selling Water Through Tankers Must Obtain Licenses And Conform To Food Safety Act: Kerala High Court

The Kerala High Court recently issued general directions to the State to bring water drawn from wells that is being sold to the public as drinking water, under the purview of the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Food Products Standards & Food Additives) Regulation 2011.A single bench of Justice Amit Rawal observed: “In order to prevent further...

Gujarat High Court Grants Bail To Alleged Ganja Cultivator Citing 'Intermediary Quantity' Contraband

The Gujarat High Court while allowing a criminal miscellaneous application, granted bail to an accused in a Ganja cultivation case, citing intermediary quantity and lack of criminal antecedents.The court passed the above order in an application seeking grant of regular bail after the charge-sheet was filed in connection with an offence registered under Sections 8(b), 8(c), 20(b), 20(a)(i)...

Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.The observations were made by a bench of Justice Sanjay Dhar while hearing a plea in terms of which the petitioner had called into question an FIR ...

Board Exams For Classes 5 & 8 : Karnataka Unaided Schools Management Association Withdraws Plea In Supreme Court

The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.Granting liberty to the petitioner to argue the matter on merits before the High Court, a...

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court

The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's.Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a partition suit...

Suit Won't Abate For Not Impleading All LRs Of Deceased Defendant If Estate Was Substantially Represented By Other Defendants : Supreme Court

The Supreme Court has held that a suit will not abate for not impleading all legal representatives of the deceased defendant, if the estate of the deceased was otherwise substantially represented by other defendants on record.Suit can't be held to be abated in the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the suit jointly...

'There Was Mistake On Part Of This Court' : Supreme Court Recalls Order Disbursing Money To Two Persons In Unitech Case

Recently, the Supreme Court applied the principle of restitution and directed two individuals to return the money disbursed pursuant to its order, from the sale proceeds of Unitech’s land sold to M/s. Devas Global Services LLP. While passing the order of restitution, a Bench comprising CJI DY Chandrachud and Justice MR Shah reiterated the principle enshrined in Indore Development Authority...

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Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit : Supreme Court

The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.The Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala has...

“Degree In Medicine” Should Be Understood Expansively: Madras High Court Permits Siddha And BDS Graduates To Apply For Food Safety Officer

The Madras High Court has recently held that a “Degree In Medicine” which has been specified as a qualification for appointment to the post of Food Safety Officer should be understood expansively. The court thus noted that the term “medicine” would include Siddha and BDS system of medicine also. Emphasizing the importance of the Siddha system of medicine, Justice GR Swaminathan...