Use Of A Trade Name Similar Or Deceptively Similar To The Registered Trade Mark Would Not Constitute Infringement Under Section 29(5) Of Trade Marks Act: Delhi HC [Read Judgment]

" What has been constituted as infringement under Section 29(5) is use of the registered trade mark as trade name or part of the trade name.", Justice Rajiv Sahai Endlaw.The Delhi High Court drew a distinction between cases of infringement by use of 'trade name' under Section 29(5) of the Trade Marks Act, and the cases of infringement by use of 'trademark' under sub-sections (1) to (4)...

No Legal Bar On Indian LLP Merging With Indian Firm, Says NCLT [Read Order]

Can an Indian Limited Liability Partnership (LLP) be allowed to amalgamate with an Indian private limited company under a scheme of amalgamation filed before the National Company Law Tribunal (NCLT)?The NCLT has answered the question in affirmative.“…the legislative intent behind enacting both the LLP Act, 2008 and the Companies Act, 2013 is to facilitate the ease of doing business and...

Lawyer’s Rape At Saket Court: Delhi HC ACJ Gita Mittal Convenes Urgent Meeting, Takes Stock Of Security In Courts

Distt and Sessions judges told to regularly interact with the BarIn wake of the alleged rape of a lady lawyer by a senior colleague in his chamber in Saket court complex two days ago, Delhi High Court Acting Chief Justice Gita Mittal on Monday morning convened a meeting of judges of the high court and district court.ACJ Mittal met the administrative committee of Delhi High Court, which...

Netflix ‘Sacred Games’ Defaming Rajiv Gandhi? Delhi HC Says Actors Not Responsible For Dialogues, Asks If Plea Can Be Heard As PIL

The Delhi High Court on Monday said actors cannot be held responsible for dialogues or enacting their character while seeking to know if a plea seeking deletion of certain scenes from Netflix show ‘ Sacred Games ’ for being derogatory to former Prime Minister Rajiv Gandhi could be heard as a PIL.A bench of Justices Sanjiv Khanna and Chander Shekhar sought to know from the petitioner if...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court allowed a writ petition filed by one Minna Pirhonen, a Finnish citizen, and agreed to transfer the investigation into the ‘mysterious’ death of her son Felix to the Central Bureau of Investigation (CBI).The High Court held that there needs to be a direct nexus between the cost of higher education paid by an assessee and the business activities of...

MCA Constitutes 10 Member Committee To Review Offences Under Companies Act, 2013

The Ministry of Corporate Affairs (MCA) has constituted a 10-member committee to review the penal provisions in the Companies Act, 2013, and examine the need to decriminalise certain offences.As per an official release, the Committee will be submitting its recommendations within thirty days, and will comprise of: Secretary, Ministry of Corporate Affairs T.K. Vishwanathan, Former...

Kerala HC Cautions Subordinate Judiciary Against Just Relying On Head Notes In Law Journals [Read Order]

‘I believe, a law journal should be acclaimed not merely for the number of decisions it reports, but for the accuracy of the head notes and the usefulness of the decisions reported, both for the Bench and Bar.’The Kerala High Court in Habeebullah vs. Mannadi Muslim Jama-ath has cautioned the subordinate courts against relying on head notes of the judgments reported in law...

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]

Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the name of their child’s father while registering for the child’s birth.Justice M.S. Ramesh observed, “There are also cases where women are constrained to raise children with their own sources in view of their unwilling and unconcerned partners. It...

DSLSA Conducts National Lok Adalat; Disposes Of 10,309 Case In A Day

The Delhi State Legal Services Authority (DSLSA) conducted the National Lok Adalat on 14 July, disposing of 10,309 cases in total. The settlement amount involved in the exercise was approximately Rs. 37.20 crores.The Lok Adalats, under the guidance of DSLSA’s Executive Chairperson Chief Justice Gita Mittal, were organised in all 11 Districts of Delhi, and were presided over by the...

Punishment To Be Awarded To Drunken Driver At Least Should Act As Deterrent For Others: T&AP HC [Read Order]

‘Any punishment that will be imposed in these type of offences shall act as a deterrent one so that the same offence cannot be repeated next time.’Rejecting plea of a man sentenced to 10-days’ imprisonment for drunken driving, the Telangana and Andhra Pradesh High Court in D Chandra Sekhar vs The State Of Telangana has observed that the punishment to be awarded to a drunken driver at...

Kolkata Court Summons Shashi Tharoor As Advocate Objects To ‘Hindu Pakistan’ Remark, Summons To Be Served Via Twitter Also

Congress leader Shashi Tharoor has been summoned by a Kolkata court on Saturday on the complaint of an advocate over his “Hindu Pakistan” remark and the authorities have been allowed to serve summons to the Thiruvananthapuram MP through his official Twitter handle apart from the regular process of law.Advocate Sumeet Chowdhury had moved court accusing Tharoor of insulting the nation...

No Student Can Be Failed Upto Class VIII For ‘Any Reason Whatsoever It May’: Chhattisgarh HC [Read Order]

‘It was the duty of the respondent School to ensure the attendance of the student(s).’The Chhattisgarh High Court in Master Vatsal Khakhariya vs. State of Chhattisgarh has observed that a student cannot be failed up to Class VIII for ‘any reason whatsoever it may.’Master Vatsal Khakhariya, a student of Class-VIII in Delhi Public School, Durg, for the academic year 2017-18, was...