"Unwary Customers Can Be Easily Deceived": Delhi HC Restrains Manufacturer From Using CRAX 'CURLS' Trademark In Producing Corn Based Snack

The Delhi High Court has restrained a manufacturer from using CRAX 'CURLS' trademark in producing and selling its corn based snack product, observing that unwary customers can be easily deceived as the goods were sold on low price in small shops.Justice Navin Chawla observed that the mark 'Kurvy' as well as the packaging adopted by the manufacturer prima facie appeared to be deceptively...

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court

A division bench of Calcutta High Court, consisting Justice Debangsu Basak and Justice Bibhas Ranjan De, reiterated that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement. Therefore, the court elaborated...

Woman Moves Delhi High Court To Stop Friend From Travelling Abroad For Euthanasia

A petition has been filed in the Delhi High Court by a woman to stop her friend, diagnosed with Chronic Fatigue Syndrome, from travelling to Europe for Euthanasia, thereby seeking direction on the Centre to not grant emigration clearance to him. Claiming that the friend made 'false claims' before Indian as well as foreign authorities for getting travel permissions, the plea also seeks...

Judges Cannot Be Experts In All Fields, Experts' Opinion Cannot Be Supplanted By A Court Overstepping Its Jurisdiction: Delhi High Court

"Judges are not and cannot be experts in all fields, and the opinion of experts cannot be supplanted by a Court overstepping its jurisdiction," the Delhi High Court has observed. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad added that in examination matters, a candidate has to demonstrate that the key answers are "patently wrong on the face...

Offending Officer Can Be Transferred In Case Of Indiscipline In Forces: Kerala High Court

The Kerala High Court on Wednesday ruled that it is permissible to deal with indiscipline in disciplined forces by transferring the deviant officers. A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. added that such transfers would ensure that discipline is maintained within the force while simultaneously assuring that no aspersion is cast on the...

Limitation Act | Sufficient Cause U/S 5 Of Must Be Liberally Constructed So As To Advance Substantive Justice: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the expression "sufficient cause" under Sec 5 of Limitation Act has to be given liberal construction and the Courts while considering the delay in filing appeal have to avoid technicalities so that merit is preferred and scuttling of decision on merits is avoided. The bench comprising Justice Sanjay Dhar was hearing a...

'Projects Of National Importance': Delhi HC Upholds DRDO Decision To Bar Entities With Pending Criminal Cases From Defence Contracts

Upholding Defence Research and Development Organisation (DRDO)'s policy decision to keep away entities with pending criminal investigations from participating in its tender processes, the Delhi High Court has said that the condition, requiring the bidders to submit an undertaking that there is no ongoing enquiry against them, is imperative to maintain the integrity of projects which...

EPF Pension Case : Why Annual Reports Don't Reflect Potential Financial Burden? Supreme Court Asks Union, EPFO [Day 6 Hearing]

On the final day of hearing the EPF Pension case, the Supreme Court on Thursday asked the Union of India why the annual reports did not reflect the potential financial burden that would befall the government if pensioners are allowed to opt for the Pension Scheme retrospectively and beyond the Rs 15,000 wage limit. A bench of Justices UU Lalit, Sudhanshu Dhulia and Aniruddha Bose...

Courts Today- A Daily Round Up Of Important Legal Developments- 11.8.2022

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ACB Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

The Karnataka High Court in its order abolishing the Anti Corruption Bureau, has observed that the very Constitution of ACB by the Government is to shield the Corrupt politicians, Ministers, and the officers from the watchful eyes of the Lokayukta and that Government is weakening the institution of Lokayukta to protect these persons from prosecution, inter alia under the provisions...

Women In India Are Blessed, Our Scriptures Like Manusmriti Have Given Women Respectable Position : Justice Pratibha Singh

"I think we are a blessed lot of women in India and the reason for that is that our Scriptures have always given a very respectable position for women. As Manusmriti itself says that if you don't respect women and honour them, all the 'puja-paath' that you do has no meaning. I think our ancestors and the vedic Scriptures knew very well how to respect women and how to take care of women and...

45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security : Supreme Court

The Supreme Court observed that a time limit of 45 days for filing an application under Section 17 of SARFAESI Act is provided for quick enforcement of the security.As per Section 17 of the SARFAESI Act, the application against measures to recover secured debts, has to be filed before the Debts Recovery Tribunal within forty five days from the date on which such measure had been taken.In...