Delhi High Court Restrains Journalist From Publishing News Under 'Kesari TV' Mark As Punjab Kesari Alleges Trademark Infringement

The Delhi High Court has restrained a freelance reporter from using 'Kesari TV' mark and related logo for providing news services in print or electronic mode till further orders. The court also ordered suspension of the domain name 'www.kesaritv.com'.The order has been passed in a suit filed by the owners of Punjab Kesari newspaper who alleged that the defendant had got the domain name...

Order XXIX Rule 2 CPC Does Not Limit Service Of Summons To Registered Office; Service Duly Received At Corporate Office Valid: Calcutta High Court

The Calcutta High Court has recently ruled that the service of summons upon a company at its corporate office situated within the jurisdiction of the suit court is valid under Order XXIX Rule 2 of the Code of Civil Procedure, 1908. The Court analogously also observed that Section 20 of the Companies Act, 2013 only operates to enable effecting of service of documents upon a company or...

State Human Rights Commission Vested With Jurisdiction To Order Compensation For Human Rights Violations: Kerala High Court

The Kerala High Court recently held that the State Human Rights Commission has jurisdiction to direct payment of compensation for human right violationsThe Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman passed the order in a case where a street vendor had been evicted by the Kottayam Municipality in a discriminatory manner, and without issuance of...

“Delay By State Leaving Aggrieved Persons In Lurch”: Madras High Court Directs TN Govt To Notify Inauguration Of Its Intellectual Property Division

The Madras High Court has directed the State government to notify the inauguration of its Intellectual Property Division. Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy observed that the High Court registry has taken all possible steps to start the Intellectual Property Division and that the delay was on the part of the State. The establishment of...

India Has Taken Huge Strides In Providing Medical Facilities, Courts Can’t Decide On Procurement Of Instruments In Hospitals: Delhi High Court

Observing that India has taken huge strides in providing medical facilities with latest technologies and qualified professionals at accessible costs, the Delhi High Court has said that courts cannot take decision on procurement of instruments in hospitals as it is a matter of policy.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed a public...

Odisha Cabinet Proposes To Extend Benefit Of Family Pension To Single Transgender Children Dependent On Deceased Govt Servants/ Pensioners

The Cabinet of Odisha Government has proposed to extend the benefit of family pension to transgender children of deceased government servants/ pensioners of the State. For effectuating the same, an amendment has been proposed to the definition of ‘child’ under the Odisha Civil Services (Pension) Rules, 1992.Rule 2(1)(b) of the Rules defines the term ‘child’ which, however, does not...

Google's Warning For Third-Party APK Files An Industry Practice, Doesn't Infringe Trademark: Delhi High Court Rejects WinZo Games' Plea

The Delhi High Court has observed that the warning displayed by Google to users before they download WinZo's APK file is in the nature of disclaimer to caution them and does not result in trademark infringement of gaming platform.Justice Amit Bansal observed that the reference to the name of the APK file or application “WinZO” in Google’s disclaimer is only for identifying the file...

Subsequent Detention Order Not Mentioning Detenu's Previous Detention On Same Grounds And Materials Not Sustainable: JKL High Court

Quashing a detention order the Jammu and Kashmir & Ladakh High Court recently held that using the same grounds and material for passing a subsequent detention order without actually mentioning that the detenue had already been detained on the basis of this very material, not only amounts to an illegality but also shows lack of application of mind on part of the detaining...

Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Rohit Motawat v Madhu Sharma, has held that an application under Section 9 of IBC being pursued only for interest component, while principal amount has been paid in full, is...

No Bar On Hookah Services In Restaurants If Designated Smoking Area Is Provided As Per Law: Madras High Court

While granting relief to a hotel owner, the Madras High Court has recently held that there is no prohibition under law for providing Hookah services in restaurants if same is run conforming to the provisions of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, supply and Distribution) Act, 2003” and also “The...

Weekly Digest Of IBC Cases: 13 February To 19 February 2023

NCLAT Partial Payment Of PF & Gratuity Dues Violative Of Section 30(2)(E) Of IBC: NCLAT Chennai Reiterates Case Title: Mrs. C.G. Vijyalakshmi v Shri Kumar Rajan & Ors. Case No.: Company Appeal (AT) (CH) (Ins.) No. 29 of 2021 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms....

Tax Cases Weekly Round-Up: 12 February To 18 February 2023

Delhi High Court Delhi High Court Stays Reassessment Order Based On Internal Audit Objection Case Title: Kum Kum Kohli Versus ACIT The Delhi High Court has stayed the reassessment order based on an internal audit objection. The division bench of Justice Rajiv Shadher and Justice Tara Vitasta Ganju has observed that the expression "any audit objection" was introduced only by...