Ideal Jawa Owner Of 'Yezdi', Stoppage Of Business Doesn't Affect Rights In Trademarks: Karnataka High Court In Case Against Classic Legends

The Karnataka High Court has declared that Ideal Jawa (India) Ltd is the owner of the mark "Yezdi" (word and device) taken independently or in conjunction with other words and that the trademarks of the Company (in liquidation), remain in custodia legis of the court, as they were owned by the company prior to the time of its winding up. A single judge bench of Justice S R Krishna...

Medical Negligence - NCDRC Directs Krishna Institute Of Medical Science (KIMS) To Pay Enhanced Compensation

The NCDRC bench comprising of Dr. S.M. Kantikar as the presiding member directed the Krishna Institute of Medical Sciences Ltd. and three doctors to pay a compensation of Rs. 25 Lacs for medical negligence. The bench was hearing two appeals. One of those was filed by the Krishna Institute of Medical Sciences Ltd. and three doctors against the order of the state commission which allowed...

Delhi High Court Annual Digest 2022: Part IV [Citations 901 - 1216]

Citations 2022 LiveLaw (Del) 901 TO 2022 LiveLaw (Del) 1216Nominal IndexR.S BHARGAVA v. GOVERNMENT OF NCT OF DELHI AND ORS. 2022 LiveLaw (Del) 901PANKAJ KUMAR v. BAR COUNCIL OF DELHI AND ORS 2022 LiveLaw (Del) 902SARVJEET SINGH v. STATE(NCT OF DELHI) & ANR. 2022 LiveLaw (Del) 903RAJESH GIRI v. SUBHASH MITTAL & ORS. 2022 LiveLaw (Del) 904Curil Tradex Pvt. Ltd. Versus The Commissioner...

Delhi Legislative Assembly Has No Separate Secretarial Cadre, Speaker Can't Make Appointments To Secretariat: High Court

The Delhi High Court has observed that the Delhi Legislative Assembly has no separate secretarial cadre and thus, the Speaker or any authority under it has no competence to make appointments to the house secretariat. Justice Chandra Dhari Singh said that Article 187 of Constitution of India applies to the States for having separate secretarial staff and cannot be made applicable to Delhi which...

NCDRC Directs Kokilaben Dhirubhai Ambani Hospital And It's Doctor To Pay ₹ 40 Lacs Compensation To A Patient

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar as the presiding member held a doctor (Opposite Part No.2) of Kokilaben Dirubhai Ambani Hospital and Medical Research Centre (Opposite Party No. 1) liable for omission and commission during the treatment of the patient. The hospital was held vicariously liable for deficiency in services....

Bombay High Court Imposes ₹5000 Cost On Law Firm For Disclosing Rape Victim's Name In Petition

The Bombay High Court recently took strong exception to the disclosure of a rape victim's name in the petition and imposed costs of Rs. 5000 on the law firm that drafted the petition. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan observed that advocates often don't refrain from using the victim's name despite Section 228A of IPC mandating non-disclosure of...

Directors Not Negligent; Wrong Invocation Of Section 179 IT Act: Gujarat High Court

The Gujarat High Court has ruled that the Directors of the assessee company cannot be held negligent merely because they failed to deposit before the Assessing Officer 20% of the demand raised, so as to seek stay of demand during the pendency of an appeal before the CIT(A). Thus, the Court held that jurisdiction under Section 179 of the Income Tax Act, 1961, holding the Directors of...

Senior Advocate Designation An Honour And Privilege, Cannot Be Based On Reservation: Madras High Court Rejects Plea Seeking Quota For Women Lawyers

Dismissing a petition seeking reservation for women in designation of Senior Advocate, the Madras High Court last week observed that conferring the status of Senior Advocate on an Advocate is a privilege and not a post. Conferring the status of Senior Advocate on a Advocate qua Section 16 of 'The Advocates Act, 1961 (25 of 1961)' is clearly a privilege and not a post. Therefore,...

Delhi High Court Annual Digest 2022: Part III [Citations 599 - 900]

Citations 2022 LiveLaw (Del) 599 TO 2022 LiveLaw (Del) 900Nominal IndexAshwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw (Del) 603Gulati Enterprises...

Medical Negligence; Treatment Not Successful, Doctor Cannot Always Be Blamed, NCDRC.

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice R. K. Agrawal as President and Dr. S. M. Kantikar as Member disposed of an appeal that arose out of a consumer complaint filed by an individual(complainant) accusing his doctor (Opposite Party No.1) and the hospital (Opposite Party No. 2) of medical negligence. The complainant first served a legal notice...

Kerala High Court Upholds Grant Of Maintenance To Wife Who Voluntarily Left Husband, Failed To Prove Cruelty Charge Against Him

The Kerala High Court recently observed the wife not being able to lead a peaceful life in matrimonial home, in view of the particular circumstances there, may not always be 'cruelty' but could be a reasonable ground to deny 'joint residence' and same does not grant the husband any discretion to deny payment of maintenance. Justice A. Badharudeen, while dealing with an argument that wife may...

CESTAT Allows Cenvat Credit On Parts For Efficient Functioning Of Machine For Sugar Production

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the cenvat credit on parts for the efficient functioning of machines for manufacturing.The bench of Ajay Sharma (Judicial Member) has observed that the appellant is justified in availing the Cenvat credit on various items, namely, S.S. Welding Tube, Steel, Tubes, Alloy Steel Pipe, Prime HR Steel...