News Updates
Party Applying For Registration Of A Particular Trademark Estopped From Claiming That It Is A 'Descriptive' Mark: Delhi High Court
The Delhi High Court recently confirmed the ex-parte injunction granted in favour of "Plant Powered", an entity involved in sale and distribution of baby care and personal care products, in a trademark infringement suit. The Court rejected the contention of the Defendant, also said to be using the name 'Plant Powered' as a trading style for identical goods, that the impugned term is...
Nun Rape Case: Kerala High Court Admits Appeal Challenging Bishop Franco Mulakkal's Acquittal
The Kerala High Court on Tuesday admitted the appeal filed against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran also issued notice to Mulakkal.Franco Mulakkal, the Bishop of Jalandhar, was accused of raping a nun from...
Service Before Regularization Where Workman Completed 240 Days Continuous Service U/S 25B Industrial Disputes Act Qualifies For Pension: Gujarat HC
The Gujarat High Court has held that past services of the daily-wagers where they have completed 240 days of continuous service as per Section 25B of the Industrial Disputes Act, would qualify for pension.Justice Biren Vaishnav, heavily relying on the case of Executive Engineer, Panchayat v. Samudabhai Jyotibhai Phedi, held,"for counting the period for purposes of pension, the date...
Advocate Who Voluntarily Suspended Legal Practice For Govt Employment No Longer A Member Of The Bar: Kerala High Court
The Kerala High Court recently ruled that a serving Government employee, who had earlier secured enrollment as an Advocate and had later suspended his legal practice for taking up the above Government employment, cannot be treated as a "member of the Bar" for the purpose of selection and appointment as Assistant Public Prosecutor Grade II.A Division Bench of Justice Alexander Thomas...
'As Is Where Is' In A License Agreement Does Not Absolve The Contracting Parties To Make A Minimal Disclosure: Delhi High Court
The Delhi High Court has upheld the award of an Arbitral Tribunal that stipulating the condition of 'as is where is basis' in a License Agreement does not absolve the contracting parties to make a disclosure about the licensed premises, which is otherwise not evident on visual inspection. The Single Bench of Justice Vibhu Bakhru ruled that the Indian Evidence Act, 1872 does not apply...
Performance Security Cannot Be Retained After Acknowledgement Of Due Performance : Delhi High Court
The Delhi High Court has ruled that there is no principle in law whereby a party could be permitted to retain the Performance Security after it had acknowledged due performance of a contract.The Single Bench of Justice Vibhu Bakhru upheld the award of an Arbitral Tribunal directing BSNL to refund the amount recovered by it from invocation of Performance Bank Guarantee, since...
No Claim Certificate (NCC) Must Be Examined In The Context Of Relevant Documents And The Covering Letter Under Which It Is Issued: Delhi HC
The High Court of Delhi has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter in which it is sent and that mere issuance of the NCC by the Claimant shall not ipso facto entail the extinguishment of all the claims. The Single Bench of Justice Vibhu Bakhru further held that while adjudicating an application under S. 34 of the Arbitration...
WB Post Poll Violence: Calcutta HC Issues Notice To NHRC, SLSA To Consider Constitution Of 2 Member Committee To Address Complaints Of Alleged Victims
The Calcutta High Court on Monday issued notice to the National Human Rights Commission (NHRC) and the State Legal Services Authority (SLSA) in connection with a prayer for forming a committee to ensure that people displaced in post-poll violence in West Bengal get to return homes and pursue work.The Court vide order dated August 19, 2021 had handed over to the Central Bureau of...
Member Of Indian Legal Service Cannot Be Appointed As Judicial Member: Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act
The Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the government to frame provisions keeping in mind the directions of the Supreme Court in its judgments. The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy were considering a writ petition filed by Mr...
Protection Of Great Indian Bustard: Supreme Court Seeks Status Report From Expert Committee On Undergrounding Power Lines
In relation to protection of the Great Indian Bustard, the Supreme Court on Friday(April 1) directed the High Level Committee constituted by it last year to examine the feasibility of under-grounding of over-head power lines, to submit a status report in three weeks. The Court has directed States of Rajasthan and Gujarat to file status report regarding compliance with court's directions...
Supreme Court Adjourns SAD Leader Bikram Singh Majithia Plea Against Quashing Of FIRs To April 11, 2022
The Supreme Court on Monday adjourned the writ petition preferred by SAD Leader Bikram Singh Majithia against quashing of FIRs registered against him in NDPS Case for April 11, 2022.The matter was listed before the bench of Justices DY Chandrachud and Surya Kant.What Transpired In Supreme Court Today?At the outset, when the matter was called for hearing, Justice Kant while referring to some...