News Updates
Standard Essential Patent Owners Can Pray For Interim And Final Injunctive Relief If Infringer Deemed To Be An ‘Unwilling Licensee’: Delhi High Court
Foreign Jurisprudence On ‘Standard Essential Patent’ Has To Be Adapted In Indian Realities As India’s Judge Population Ratio Extremely Poor And Expeditious Disposal Of Patent Suits Not Expected: Delhi HC
Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case
The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail.The court passed the above order in a petition filed under Section 439 of the CrPC, seeking grant of regular bail in an...
Well Owners Selling Water Through Tankers Must Obtain Licenses And Conform To Food Safety Act: Kerala High Court
The Kerala High Court recently issued general directions to the State to bring water drawn from wells that is being sold to the public as drinking water, under the purview of the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Food Products Standards & Food Additives) Regulation 2011.A single bench of Justice Amit Rawal observed: “In order to prevent further...
Gujarat High Court Grants Bail To Alleged Ganja Cultivator Citing 'Intermediary Quantity' Contraband
The Gujarat High Court while allowing a criminal miscellaneous application, granted bail to an accused in a Ganja cultivation case, citing intermediary quantity and lack of criminal antecedents.The court passed the above order in an application seeking grant of regular bail after the charge-sheet was filed in connection with an offence registered under Sections 8(b), 8(c), 20(b), 20(a)(i)...
Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.The observations were made by a bench of Justice Sanjay Dhar while hearing a plea in terms of which the petitioner had called into question an FIR ...
Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court
The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's.Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a partition suit...
“Degree In Medicine” Should Be Understood Expansively: Madras High Court Permits Siddha And BDS Graduates To Apply For Food Safety Officer
The Madras High Court has recently held that a “Degree In Medicine” which has been specified as a qualification for appointment to the post of Food Safety Officer should be understood expansively. The court thus noted that the term “medicine” would include Siddha and BDS system of medicine also. Emphasizing the importance of the Siddha system of medicine, Justice GR Swaminathan...
Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt
The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India."The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and...
NCDRC: Non-Compliance Of Pollution Level Guidelines Cannot Be Used As Force-Majeure To Cause Inordinate Delay In Possession Of Flats
A division bench of the National Consumer Dispute Redressal Commission (NCDRC), comprising presiding members Ram Surat Ram Maurya and Dr. Inder Jit Singh, held that while the consumers can be expected to reasonably wait for the possession of the flat/unit, there must not be an inordinate delay. The Commission rejected the Developers’ contention of non-compliance of the National...
NCDRC: Incorporation Of One-Sided Clauses In An Agreement Constitutes Unfair Trade Practice
A division bench of the NCDRC comprising presiding members Justice Ram Surat Ram Maurya and Dr. Inder Jit Singh, while adjudicating on a consumer complaint against the flat developers, reiterated that the remedies under the Consumer Protection Act are in addition to the remedies under other statutes. Further, incorporation of one-sided clauses in the agreement where the buyer is expected...
'Constitution Of India Doesn't Put A Price Tag On Liberty': Allahabad HC Cautions Trial Courts Against Putting Onerous Surety Conditions In Bail Matters
The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution. Stressing that the...
Mumbai Gets Heavy Monsoon, Better Tech For Rehabilitation Of 100 Yrs Old Storm Water Drains Can't Be Avoided Merely Due To Extra Cost: Bombay High Court
The Bombay High Court recently held that use of best possible technology to rehabilitate 100 years old storm water arch drains in Mumbai is of paramount importance as Mumbai receives heavy monsoon every year.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne added that merely because the better technology involves extra cost compared to other...