Constable Amit Kumar Died While On COVID-19 Duty, Delhi Govt’s Decision To Hold Wife's Compensation Case Not Tenable: High Court

Observing that 31-year-old constable Amit Kumar passed away during the first wave of COVID-19 while performing his duties, the Delhi High Court on Monday said that the decision taken by Delhi Government’s Group of Ministers to hold his wife’s case of ex-gratia payment of Rs. 1 crore is prima facie not tenable. Justice Prathiba M Singh was hearing a plea moved by Kumar’s wife, who...

S.66 Food Safety & Standards Act | Criminal Prosecution Cannot Proceed Against Partners Without Arraigning Firm As Accused: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the existence of Section 66 in the Food Safety and Standard Act 2006 is a clear pointer to the fact that the criminal prosecution cannot proceed against partners without arraigning the firm as an accused.Observing that there is no concept of vicarious liability in criminal law the court went on to clarify that Section 66 of the...

'Students Not At Fault': High Court Directs Calcutta University To Register Botany Students Of State-Aided College Lacking Affiliation

The Calcutta High Court recently directed the University of Calcutta to grant registration numbers and admit cards to the students of B.Sc. Botany (Hons.) of the Behala College for the academic session 2022-23, who were declined the same on the ground that the said college could not fulfil the condition for the ‘extension of affiliation’ to the University.While allowing the petition,...

‘Due Process Of Law Is Blinkered’: Orissa High Court Issues Contempt Notices For Forging Medical Certificate To Obtain Interim Bail

The Orissa High Court has recently issued contempt notices to two persons who were allegedly involved in procuring and producing a forged medical certificate before the High Court for grant of interim bail to an accused person.While expressing severe dismay over the conduct of the said persons, a Single Judge Bench of Justice Sangam Kumar Sahoo observed, “Due process of law is blinkered by...

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...