Gelatin Sticks Sold Illegally Without Their Knowledge, Licence Holders Can't Be Held Vicariously Liable For Employee's Actions: Karnataka High Court

The Karnataka High Court has quashed criminal proceedings initiated against owners of a shop licensed for selling explosives to quarry contractors, on the ground that their employee had illegally sold the gelatine sticks to a person, who died in an explosion.A single judge bench of Justice K Natarajan allowed the petition filed by P Sunil Kumar and others and quashed the proceedings...

Prima Facie Infringement Made Out: Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark

The Bombay High Court temporarily restrained Pune’s Regal Footwear from using the mark ‘Regal’ in a trademark infringement suit filed by owners of Mumbai’s Regal Shoes.Justice R. I. Chagla, while deciding a notice of motion in the suit held, “The Plaintiffs case of passing off is made out particularly considering that the rival marks are identical and used for...

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time

Upholding the grant of interim custody of a minor son to his mother, the Punjab and Haryana High Court recently observed that extended family members of the child can never take place of either the father or the mother, when it comes to taking care of the minor.The court was commenting on the father's argument that his parents and other family members are there to look after the minor...

'Police Should Be Cautious In Registering FIRs' : Bombay HC Orders State To Compensate Man Named In Baseless FIR

The Bombay High Court recently imposed costs of Rs. 20,000 recoverable from the concerned Mumbai police officer’s salary for wrongly filing an FIR against a Swiggy food delivery agent over accidentally killing a stray dog."The police being the custodian of law, need to be more circumspect and cautious whilst registering FIR’s and of course later, whilst filing chargesheet", the Court...

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court

The Kerala High Court recently held that availing of pension from the Scheme under Kerala Dairy Farmers' Welfare Fund Act, 2007 would not prohibit the same person from availing pension from the Scheme under the Kerala Toddy Workers Welfare Fund Act, 1969. Justice Murali Purushothaman said neither the KTWWF Act nor the Kerala Dairy Farmers' Welfare Fund Act provides for any prohibition...

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child

The Bombay High Court’s Nagpur bench carved out an exception to continue the compassionate appointment of a junior clerk after the demise of his married brother on the grounds that he was caring for his sister-in-law and nephew since 2013.A division bench of Justices Sandeep Shinde and Vrushali Joshi directed the Education Officer to grant his approval to continue the petitioner’s service...

No Criminality Found In Alt News Co Founder Mohd Zubair's Tweet, Not Named In POCSO FIR Chargesheet: Delhi Police Tells High Court

Delhi Police on Thursday informed the Delhi High Court that no criminality was found in the tweet posted by Alt News Co-founder Mohammed Zubair in response to a Twitter user in August 2020. The police had earlier registered an FIR under POCSO Act against the fact-checker.Advocate Nandita Rao, appearing for Delhi Police, told Justice Anup Jairam Bhambhani that Zubair has also not been named in...

‘Threatens Safety Of Women, Deserves No Leniency’: Haryana Court Sentences Man To 10 Yrs Jail For Snatching 61-Yr-Old Woman’s Earring

A court in Haryana recently sentenced a man to rigorous imprisonment of ten years and imposed a fine of Rs. 25,000 on him for snatching the earring of a 61-year old woman. The woman had suffered injuries in her left ear in the attack.Additional Sessions Judge, Panipat, Nishant Sharma while sentencing the convict, said:“The offence of snatching is on a rapid rise may be due to high rate...

Income From Domain Name Registration Not Taxable As “Royalty”; Registrar Merely An Intermediary: Mumbai ITAT

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a domain name registrar does not have any right in the domain name, which is registered by it merely as a facilitator. Thus, the income received by it from domain name registration is not taxable as “Royalty”, the ITAT ruled. The bench of G.S. Pannu (President) and Sandeep Singh Karhail (Judicial...

‘Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint’: Kerala HC Asks Magistrates To Act With Caution

Observing the existence of a domestic relationship is sine qua non for seeking relief under the Protection of Women from Domestic Violence Act, the Kerala High Court has said it has become a common practice to convert some other dispute into a 'domestic violence complaint'.The magistrates must not casually and mechanically issue summons in such cases, said the court. It directed the Registry...

Findings Of Surveyor Not Substantiated; Repudiation Of Insurance Claim Illegal, NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench of Justice Ram Surat Ram Maurya partially allowed an original complaint and asked the opposite party (Insurer) to pay the complainant (Insured) more than what they had initially allowed in the claim. This was an original complaint filed before the National Commission by Shyam Ferro Alloys Limited (Insured) against the...

Rajasthan High Court Stays Arrest Of Man In FIR Alleging Pronouncement Of Triple Talaq

The Jaipur Bench of Rajasthan High Court has stayed the arrest of a man accused of pronouncing triple talaq upon his wife.Issuing notice to the State and the woman, Justice Anoop Kumar Dhand listed the matter for hearing on January 23. "Till then, the petitioner shall not be arrested," said the court.The order was passed on a petition filed by the accused-husband submitting that...