Delhi High Court Permanently Restrains Pharmaceutical Products Manufacturers From Using LOOZOUT Trademark, Imposes Rs. 2 Lakhs Cost

The Delhi High Court has permanently restrained two manufacturers of the pharmaceutical products from manufacturing, selling, advertising and promoting the products using the trademark 'LOOZOUT', which was deceptively similar to the registered trademark 'LOOZ'. Justice Jyoti Singh also restrained the manufacturers from manufacturing and selling products under any other mark which was identical...

Orders Passed U/S 148 NI Act Are Interlocutory In Nature, Not Revisable: Madras High Court

While discussing the scope of revision in case of orders passed under Section 148 of the Negotiable Instruments Act, the Madras High Court recently observed that such orders are interlocutory in nature and are outside the revisional jurisdiction of the High Court. The bench of Justice D Bharatha Chakravarthy was hearing a criminal revision petition against an order of the Principal...

Rent Controller Cannot Call Upon Landlord To Carry Out Repairs Of Tenanted Premises Under Delhi Rent Control Act: High Court

The Delhi High Court has observed that there is no provision in the Delhi Rent Control Act, 1958 whereby the Rent Controller can call upon the landlord to carry out repairs of the tenanted premises. Justice C Hari Shankar added that the Rent Controller may permit the tenant to carry out repairs under sec. 44(3) if, after receipt of notice from the tenant in that regard, the landlord fails...

Acquiescence, Delay & Laches Are Grounds To Dismiss Claim Sought To Be Raised At Belated Stage: Punjab & Haryana High Court

The Punjab and Haryana High Court recently reiterated that the law helps those who are vigilant about their rights and not those who sleep over it.The bench comprising Justice G.S. Sandhawalia and Justice Vikas Suri further added that acquiescence, delay and laches are well recognised exceptions to dismiss the claim sought to be raised at a belated stage. The writ petitioners in this...

US Supreme Court Expands Gun Rights, Strikes Down New York Law Limiting Guns in Public

The US Supreme Court on Thursday struck down a New York law that placed strict restrictions on carrying concealed firearms in public for self defense by opining that the century-old law requiring that applicants demonstrate "proper cause" and "good moral character" violates the Second Amendment. The 6-3 ruling with the conservative justices in the majority and liberal justices in dissent,...

Consider Placing Hospitals Under Police Protection: Kerala High Court To State Over Increasing Attacks On Medical Personnel

Stating that reports of attacks on healthcare persons has became a 'routine', the Kerala High Court on Thursday asked the State government to consider its suggestion of placing police presence in hospitals, at least in the most sensitive areas for now, which can later be extended to other places in due time.A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath also...

Uttarakhand High Court Partially Allows Proposed Felling Of Trees For Widening Sahastradhara Road

The Uttarakhand High Court has partially allowed the proposal to cut thousands of trees to widen the road connecting an important tourist destination in Uttarakhand, i.e. Sahastradhara. A Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe cleared the proposal on the condition that the valuable trees shall be re-planted and duly taken care of by...

Private Complaint For Fraud U/S 447 Of Companies Act Not Maintainable Before Special Court For Economic Offences: Telangana High Court

Recently, the Telangana High Court ruled that a private complaint for fraud under Section 447 of Companies Act, 2013 is not maintainable before the Special Court. Section 212(6) of the Companies Act ensures that prosecution for fraud can only be launched after due investigation. This provides a safeguard against frivolous complaints from millions of shareholders of various...

Custodial Death: Tripura High Court Orders ₹10 Lakh Compensation For Family Members Of 27 Year Old Victim

The Tripura High Court on Wednesday directed the state government to pay a compensation of Rs 10 lakh to the family members of Jamal Hossain, who allegedly died due to custodial torture in police lockup.The Bench of Chief Justice Indrajit Mahanty and Justice Satya Gopal Chattopadhyay ordered that the widow, children, and mother of the deceased shall be entitled to an equal share of the amount...

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956. The Hindu Adoptions and Maintenance Act, 1956 does not envisage an agreement to adopt a child, who is not yet born. The bench comprising...

Extension Of Parole Can't Be Sought From High Court U/S 482 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a prisoner/convict cannot be granted extension of parole while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'). A Single Judge Bench of Justice Vivek Singh Thakur also suggested that such cases can be entertained under the jurisdiction of High Court under Article 226 of the...

S.143A NI Act | 'Conduct Of Accused' Relevant Consideration While Deciding Application For Interim Compensation: Karnataka High Court

The Karnataka High Court has directed Magistrate courts to take into consideration conduct of the accused while deciding application filed by drawee in a cheque dishonour case, seeking interim compensation under section 143A of the Negotiable Instruments Act, 1881. A single judge bench of Justice M Nagaprasanna said, "It has become necessary to direct learned Magistrates that...