[I-Site v. Eye Site] "Phonetic Identity" An Important Index To Test Deception: Delhi High Court Grants Relief To Sun Pharma

The Delhi High Court has observed that the phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark and that the tests of phonetic, visual and structural similarity or identity are disjunctive and not conjunctive.Justice Jyoti Singh was dealing with a suit for permanent injunction filed by Sun...

Insufficiency Of The Stamp Duty On The Arbitration Agreement Is A Jurisdictional Issue Under Section 16 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the A&C Act. The Single Bench of Justice Sanjeev Narula has held that an objection as to the deficiency in the stamp duty shall be decided as a preliminary issue since the inadequately stamped arbitration agreement can neither be taken...

"Numbers Are Mind Boggling": Bombay High Court Observes About Child Marriages In 16 Tribal Districts In Maharashtra

Three thousand children born out of child marriages were found to be severely malnourished, while six hundred and one children born out of such unisons died in the past three years, an expert committee formed by the Maharashtra Government informed the Bombay High Court on Monday. A survey conducted by ASHA Workers and Anganwadi workers found that a total of 15,000 severely or...

S.167(2) CrPC | 'Date of Remand' To Be Excluded From Calculation Of Statutory Period For Granting 'Default Bail': Orissa High Court

The Orissa High Court has reiterated that while counting the statutory period for the purpose of grant of 'default bail' under Section 167(2), Cr.P.C., the 'date of remand' has to be excluded. A Single Judge Bench of Justice Bibhu Prasad Routray held, "Law is no more res integra on this issue. Recently in the case of M. Ravindran v.Intelligence Officer, Directorate of...

CIRP Cannot Be Initiated Over Undecided Claims Or Unstamped And Unregistered Agreements: NCLT Cuttack

The National Company Law Tribunal ("NCLT"), Cuttack Bench comprising of Shri P. Mohan Raj (Judicial Member) Shri Satya Ranjan Prasad (Technical Member), while adjudicating a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC") filed in the matter of Smarkworks Coworking Spaces Pvt. Ltd. v Turbot HQ India Pvt. Ltd., has held that Corporate Insolvency...

Orissa High Court Gives Direction To Resolve Dispute Between NALCO & Mahanadi Coalfields Regarding Coal Supply; Meeting To Be Held Tomorrow

A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of the Orissa High Court has given direction to the Secretaries of the Departments of Coal, Power and Mines and the Managing Directors (MDs) of the National Aluminium Company Ltd. (NALCO) and the Mahanadi Coalfields Limited (MCL) to hold a meeting to resolve the ongoing dispute regarding supply of...

Details Of Funds In Possession Not Necessary In A Plaint For Specific Performance Of Sale Deed: Kerala High Court

Those aspects are matters of evidence, which need not be specifically pleaded.

Centre Says 'No Conspiracy' Behind Mamata Banerjee's Flight Turbulence, Calcutta High Court Seeks Sealed Cover Report

The Calcutta High Court on Monday directed the Centre to file a report in a sealed cover on the investigation into the incident of mid-air turbulence experienced by Chief Minister Mamata Banerjee's chartered flight on March 4.On March 4, Banerjee was returning to Kolkata from Varanasi after an election campaign. She boarded a chartered flight but faced air turbulence just before landing at...

Judicial Officer's Wife Lodges FIR Against Advocate Who Accused Officer Of Taking Bribe: Allahabad HC Directs SSP To Monitor Probe

The Allahabad High Court today ordered the Senior Superintendent of Police, Muzaffar Nagar to personally monitor the investigation in an FIR by the wife of a Judicial Officer against an advocate, who accused the Judicial Officer of taking a bribe to pass favorable orders.The bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar however refused to transfer the case to any...

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the CPC can also be invoked when the objections raised...

Anis Khan's Father Says SIT Report Declaring Death As Non-Homicidal 'Ridiculous', Calcutta High Court Seeks Objection Affidavit

The Calcutta High Court on Monday directed the father of deceased student leader Anis Khan to file an affidavit raising objections to the report filed by the Special Investigation Team (SIT) pertaining to the investigation into the death of student activist Anis Khan. Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022...

'Conduct Does Not Inspire Confidence': Karnataka High Court Refuse Anticipatory Bail To Ex-Member Of Legislative Council In Extortion Case

The Karnataka High Court has refused anticipatory bail to a Former Member of Legislative Council and another person in an alleged case of extortion, registered against them by a civil contractor earlier this year. A single judge bench of Justice Sunil Dutt Yadav while refusing anticipatory bail to Srikanth L. Ghotnekar and Anil Chawhan said, "It must be noted that though an offence...