Easement Right Cannot Be Created By Parties Themselves, Has To Be Proved According To The Act: Madras High Court

The Madras High Court bench of Justice Teeka Raman has held that the easement right cannot be created by the act of the parties themselves without any recital in the documents. The easement right is a statutory right and therefore has to be proved in a manner known to law. The court was hearing a second appeal filed by one Nallammal for permanent injunction. The lower courts had passed...

Disparaging Advertisements: Delhi High Court Directs Parle To Modify Two Ads In Trademark Infringement Suit By Britannia Cookies

In relief to Britannia which runs the product range Good Day Butter Cookies, the Delhi High Court has directed Parle Biscuits to take down two of its advertisements, disparaging the former's products.Justice Pratibha M Singh directed Parle to ensure that it modifies the ads within 2 weeks by blurring the image of cookies displayed by them, which is similar to those sold and marketed...

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister

Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other...

Make Delhi School Tribunal's Website Fully Functional For Litigants/ Advocates' Access: High Court To Govt

The Delhi High Court has directed the Delhi government to take all requisite steps to make the website of 'Delhi School Tribunal' (DST) fully functional.DST is constituted under Section 11 of the Delhi School Education Act, 1973 by the Delhi LG. It is empowered to adjudicate upon appeals preferred by employees of any recognised private school, aggrieved by order of dismissal, removal or...

Power Of Revision At The State Of Framing Of Charges Is Very Limited: Rajasthan High Court

The Rajasthan High Court observed that at the stage of framing of charge, the scope of interference of the High Court, as a revisional Court is very limited, so much so that the Court must be concerned only with the question whether there is any suspicion against the accused, and not with the proof of the allegation(s).The court opined that if a strong suspicion exists in the mind of...

[Non-Payment Of Maintenance Allowance] Magistrate Can't Issue Arrest Warrant W/O First Issuing Warrant For Levy Of Fine U/S 421 CrPC: Allahabad HC

The Allahabad High Court recently observed that in the event of any failure on the part of any person to comply with a Court's order to pay maintenance allowance, the correct/appropriate course for the courts is to first issue a warrant for the levy of fine as provided u/s 421 of CrPC for the purpose of realization of the amount.With this, the bench of Justice Ajit Singh held that in such...

Claim of GST Refund Wrongly Paid To The Government: Uttar Pradesh Govt. Issues Clarification

The Uttar Pradesh GST department has issued a clarification on the refund of GST, which was wrongly paid to the government. The department has received submissions requesting clarity on matters pertaining to the refund of incorrectly paid taxes, as mentioned in sections 77(1) of the Uttar Pradesh Goods and Services Tax Act, 2017 (UPGST Act) and section 19(1) of the Integrated Goods...

Madhya Pradesh High Court Dismisses PIL Accusing State Of "Demolishing" Houses Of Accused/ Suspects Without Lawful Sanction

The Madhya Pradesh High Court on Wednesday dismissed a PIL seeking interference of the Court in the recent spree of demolishing houses and other pukka constructions by police in the State, belonging to people allegedly in conflict of law. Questioning the locus standi of the Petitioner, a practicing advocate, the division bench of Chief Justice Ravi Malimath and Justice...

Pre-Deposit Payment Made By Parent Company Having Separate Service Tax Registration Amounts To Proper Compliance: Madras High Court

The Madras High Court bench of Justice R. Subramanian and Justice N.Sathish Kumar has held that the pre-deposit payment made by the parent company having a separate service tax registration amounts to proper compliance. The petitioner/assessee has appealed against the final order passed by the Customs, Central Excise and Service Tax Appellate Tribunal, dismissing the appeal filed by...

Post Fell Vacant Before Expiry Of Wait List, Applicant Can't Suffer Due To Lapse Of Administration: Gujarat High Court Grants Relief To PWD Candidate

The Gujarat High Court has recently directed its administrative department to grant appointment to the Petitioner, a physically challenged candidate, who had applied for the post of Peon (Class IV) under the Physically Handicapped category.The Bench comprising Justice Biren Vaishnav considered that two vacancies had arisen before the expiry of the waitlist in which Petitioner's name figured...

High Court Asks Delhi Govt To Ensure No New Public Spaces Are Constructed Without Separate Toilets For Transgender Persons

The Delhi High Court on Thursday asked the Delhi government to ensure that the newly constructed public spaces incorporate separate toilets for Transgender persons.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla ordered,"Let a status report be filed by GNCTD, indicating what steps it has taken till date for creation of separate toilets for...

Kerala High Court Notifies Guidelines For Recording Evidence Of Vulnerable Witnesses As Per Supreme Court's Direction

Vulnerable witnesses include children below the age of 18, and age and gender-neutral survivors of sexual assault.