News Updates
Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 6 - March 12, 2023
Nominal Index:Union Of India Vs Assistant Labour Commissioner & Ors 2023 LiveLaw (JKL) 43Jammu Development Authority Vs Jag Mohan Wazir & Anr 2023 LiveLaw (JKL) 44Syed Shahid Hamdani Vs UT of J&K 2023 (JKL) 45Bashir Ahmad Dar Vs Shameema & Ors 2023 LiveLaw (JKL) 46Arif Ahmad Khan Vs UT of J&K 2023 LiveLaw (JKL) 47J&K Service Selection Board Vs Vinkal Sharma 2023...
Delhi High Court Weekly Round Up: March 6 To March 12, 2023
Citations 2023 LiveLaw (Del) 204 to 2023 LiveLaw (Del) 225NOMINAL INDEXAditya Birla Finance Limited vs. Siti Networks Limited & Ors. 2023 LiveLaw (Del) 204Syed Shahbaz Hussain & Anr v. State 2023 LiveLaw (Del) 205COURT ON ITS OWN MOTION v. CENTRAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS & ORS 2023 LiveLaw (Del) 206RKY v. MD 2023 LiveLaw (Del) 207SHOAIB ALAM v. STATE...
When Issuing Authority Verifies Experience Certificate, Counter-Signing Authority's Denial Won't Lead To Termination Sans Enquiry: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court recently ruled that mere denial of counter signature on a certificate in absence of proper enquiry or finding does not warrant major punishment of termination of service, which becomes punitive in nature particularly when the order of termination is not simpliciter but the stigma is attached to the same.The observations were made by Justice Wasim...
Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court
A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons.The...
[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Court further permitted the payment of basic land tax by the petitioner company in its name.The Single...
Fevicol v. Tickawoo: Bombay High Court Finds No Prima Facie "Deceptive Similarity" In Logos, Grants Interim Relief For Certain Products
The Bombay High Court recently held that there is no prima facie deceptive similarity between Fevicol manufacturer Pidilite Industries’ logo having two elephants against backdrop of a sunset and Chiripal Industries’ logo having containing word Tikawoo with the device of a rhino against the backdrop of sun.“Merely because Sun is shown in the background of the image of a Rhino in the...
Delhi High Court Dismisses Plea Of Invalidity Against BK's Registered Trademark ‘Burger King’
The Delhi High Court has dismissed a claim of invalidity against Burger King Corporation (BKC)'s registered trademark ‘Burger King’.In response to a trademark infringement suit filed by the Burger King Corporation in 2018, the defendants had argued that BKC's registered trademark is liable to be cancelled. The court considered whether the case of the defendants on this account is "prima...
Constitution Is Stronger Now Because Of Kesavananda Bharati Judgment : Justice BV Nagarathna
Supreme Court judge Justice BV Nagarathna said that the Constitution of India is stronger now because of the Kesavananda Bharati judgment, which laid down the basic structure doctrine. She opined that the basic structure doctrine is a fine example of transformative Constitutionalism. These comments assume relevance in the wake of the renewed debate on the basic structure doctrine after...
Can Seek Anticipatory Bail Even Before Filing Of FIR If Reasonable Apprehension Of Being Arrested Is Present: Allahabad HC
The Allahabad High Court has observed that anticipatory bail can be sought by a person if he has a reasonable belief that he may be arrested, even though an FIR regarding the alleged non-bailable offence is not yet registered against him.The bench of Justice Nalin Kumar Srivastava however added that the law does not permit a person to seek anticipatory bail on merely vague assertions in...
The Amount Which Is Lower Of Unabsorbed Depreciation And Business Loss Will Be Set-Off Against Book Profits: ITAT
The Delhi Bench of Income Tax Appellate Tribunal has clarified the provisions of clause (iii) of Explanation-1 to Section 115JB (2) for computation of book profits for taxation. The Tribunal held that amount which is lower between unabsorbed depreciation and business loss deserves to be set off against the current Assessment Year (A.Y.) book profits in terms of the provisions of Income...
When Should Proclamation U/S 82, 83 CrPC Be Issued Against A Person To Compel His Appearance In Court?: Allahabad HC Explains
The Allahabad High Court recently explained as to when a Proclamation under Sections 82, 83 CrPC be issued against a person to compel him to appear before the court be issued. The bench of Justice Rajesh Singh Chauhan decoded the procedure as laid down in the CrPC for the issuance of a proclamation, summons, and arrest warrantsUntangling the intricate procedure laid down in the Code of...
Unrealistic To Expect GST Return Filing Without Actual Commencement Of Business: Orissa High Court Directs Dept. To Process Licence Application
The Orissa High Court has held that the license application should not be rejected only because a GST return has not been filed yet, since it is unrealistic to expect that to happen without the actual commencement of its business.The division bench of Chief S. Muralidhar and Justice G. Satapathy has observed that unless the petitioner is issued a license and is able to commence its business,...