News Updates
No Distinction Between Decree Or Awards Where Amounts Are In Foreign Currencies For Purposes Of Enforcement Of Arbitral Award: Delhi High Court
The Delhi High Court has observed that for the purposes of enforcement of arbitral award, no distinction can be made between decree or awards where amounts are decreed or awarded in foreign currencies on the basis of the nationality of the disputing parties.Justice Vibhu Bakhru was dealing with a plea filed by a Decree Holder under sec. 36 of the Arbitration and Conciliation Act, 1996 seeking...
Bombay HC Quashes Rape Case On The Condition That Accused & Alleged Victim Shall Do Social Service For 6 Months
The Bombay High Court recently quashed a rape case on the condition that the accused and the alleged victim shall extend social service for 6 months. The bench of Justice Prasanna B. Varale and Justice S. M. Modak directed the Applicant and the alleged victim (Respondent No. 2) to obtain certificates from the respective institutes [where they have been directed to extend social...
Delhi High Court Seeks Centre's Response On Plea For "Uniform Banking Code" To Regulate Foreign Exchange Transactions
The Delhi High Court today issued notice on a public interest litigation moved by Advocate and BJP leader Ashwini Kumar Upadhyay, seeking implementation of a "Uniform Banking Code" for Foreign Exchange Transaction. The plea states that a uniform Code will help in controlling black money generation and benami transactions. The Division Bench of Acting Chief Justice Vipin Sanghi...
'Left Remediless': Lawyer Complains To Calcutta High Court CJ As Yet Another Bench Recuses From Group D Recruitment Scam Case
A heated exchange ensued on Tuesday between the Chief Justice of Calcutta High Court and one of the counsel representing an appellant in the 'Group-D' (non-teaching staff) recruitment scam case regarding the repeated recusals by several Benches from hearing the appeals. Four members of a State appointed recruitment committee had preferred appeals against a Single Judge Bench order directing...
Reasons Which Weigh With Court In Cancelling Bail To Co Accused Would Also Apply On Other Accused Seeking Bail: Supreme Court
The Supreme Court has observed that the reasons which weigh with the Court in cancelling the bail granting to co accused would also apply in case of bail preferred by another accused in relation to the same FIR and incident. The bench of Justices DY Chandrachud and Surya Kant rendered this observation while considering a criminal appeal assailing Allahabad High Court's...
Whether Use Of A Trademark As A Keyword On Google Ad Program Would Constitute Infringement? Delhi High Court To Consider
The Delhi High Court is set to consider the question as to whether use of a trademark as a keyword on the Google Ad program, would constitute infringement.Justice Pratibha M Singh will be adjudicating the said question while dealing with a suit filed by Upcurve Business Services Pvt. Ltd., a company engaged in the travel business. The plaintiff company operates a one-stop travel website...
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...
