Patent Application Can't Be Dissected For Registration Into Isolated Elements, Test Of Inventiveness Is Applied Considering Invention As A Whole: Calcutta HC

The Calcutta High Court recently, in hearing an appeal under Section 117A(2) of the Patents Act, has ruled that for applying the test of inventiveness of an invention sought to be registered under the Act, the same has to be applied by considering the invention as a whole. The Court further noted that as regards determining the obviousness of such invention, the Court ought to apply...

'Mentally Retarded Persons' Also Eligible For Tax Exemption For Motor Cars Purchased Since April 1, 1998: Kerala High Court

The Kerala High Court on Wednesday ruled that 'mentally retarded persons' are also entitled to tax exemption in purchase of motor cars, on par with the physically handicapped persons under the notification issued by the state government in 1998 under Section 22 of the Kerala Motor Vehicles Taxation Act, 1976. Justice P.V. Kunhikrishnan said when both the Disabilities (Equal...

Extra-Judicial Confession Must Be Corroborated By Other Credible Evidence For Conviction: Gauhati High Court

The division bench of the Gauhati High Court has reiterated that extra judicial confession is a weak piece of evidence and it has to be corroborated by cogent and reliable evidence. The observation was made while setting aside the conviction and life sentenced of applicant under section 302 of IPC by the trial court. The bench of Justices Suman Shyam and Parthiv Jyoti...

Commercial Courts Act | Trademark Infringement Suits Not Exempt From Pre-Institution Mediation Merely Because There Is Penal Consequence: Madras HC

While rejecting a plea for leave to sue filed by Aachi Spices and Foods in a suit seeking an injunction restraining Karaikudi Achi Mess from using trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has held that mere existence of a penal consequence cannot be a ground for a party to not comply with the mandatory requirement...

Specially Distinguished Record Of Service Medal To 29 Officers: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has notified the names of 29 Officers for appreciation certificates and medals for “Specially Distinguished Record of Service”.Each year, the CBIC’s officers and staff are given consideration for Presidential Award of Appreciation Certificates and Medals for "Exceptionally Meritorious Service rendered at the Risk of Life" and...

'Malicious Prosecution': Madhya Pradesh High Court Quashes Rape FIR Against An Indian Railway Officer

The Madhya Pradesh High Court on Tuesday quashed an FIR registered against the then Additional Divisional Railway Manager, Bhopal Gaurav Singh for raping a clerk working under him calling it a case of 'malicious prosection' and an 'abuse of process of law'.Having analyzed the records of the case, the bench of Justice Sanjay Dwivedi noted that the victim in the case had put up a false...

DGFT Clarifies On The Implementation Of The Paper Import Monitoring System

The Directorate General of Foreign Trade (DGFT) has issued a clarification on the Implementation of the Paper Import Monitoring System.The DGFT has received various representations from trade & industry seeking clarification on the applicability of the Notification dated May 25, 2022.The matter was examined in consultation with the Department of Commerce (DOC) and the Department for...

Objections Under Section 47 Of CPC Cannot Be Considered In An Enforcement Petition Under Section 36 Of The A&C Act: Delhi High Court

The High Court of Delhi has held that objections available under Section 47 of CPC cannot be considered by a Court at the time of enforcement of an arbitration award under Section 36 of the A&C Act. The bench of Justice Vashwant Varma held though under the Arbitration Act, 1940, the Arbitral Award was required to be made a rule of the Court and a decree but Section 36 of...

Karnataka High Court Quashes Criminal Proceedings Against Man Chargesheeted For FB Post With ‘Pakistan Zindabad’ Message

The Karnataka High Court has quashed proceedings initiated against a man for posting on his Facebook page a message — the contents of which, the police claimed, amounted to insulting the soldiers and disturbing the peace and tranquillity of the society. Justice V Srishananda allowed the petition filed by one K M Basha and quashed the order taking cognisance of the chargesheet...

‘Sorry State Of Affairs’: High Court Directs Delhi Govt To Clear Salaries Of Maharishi Valmiki Hospital Workers By Feb 8

High Court has directed the Delhi government to ensure payment of wages to various workers of a government hospital within two weeks.Justice Rekha Palli passed the direction in an interim order on petitions filed by nine men, who work as Nursing Orderly at Delhi government-run Maharishi Valmiki Hospital. The court was told that their wages have not been paid since April 12 last year....

Judicial Officers' Conduct In Passing Orders On Printed Proforma Sans Application Of Judicial Mind 'Objectionable': Allahabad HC

The Allahabad High Court has observed that the conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.The bench of Justice Shamim Ahmed observed thus while quashing the cognizance order of the Court of ASJ/POCSO-II Raibareli summoning a man accused of...

Anticipatory Bail Cannot Be Granted Solely On Ground That Accused Is Not Required For Custodial Interrogation: Gujarat High Court

A single judge bench of the Gujarat High Court held that the non-requirement of custodial interrogation cannot by itself be a ground to grant anticipatory bail to an accused. "Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory...