Delhi High Court Permanently Restrains Gym & Fitness Centre From Infringing CrossFit's Trademark, Imposes ₹10 Lakhs Cost

The Delhi High Court recently granted permanent and mandatory injunction in favour of Cross Fit LLC against a gym and fitness centre unauthorizedly using its trademark.Justice Prathiba M. Singh observed that the defendant gym had failed to enter appearance despite service of notice and as such, no ex parte evidence would be required in the matter.The grievance of the Plaintiff was that...

Res Judicata Not Attracted In Subsequent Suit Between Same Parties Seeking Completely Different Remedies Qua Same Property: Chhattisgarh HC

The Chhattisgarh High court recently held that a subsequent suit between the same parties qua the same property would not be barred by the principle of res judicata contained under Section 11 of Civil Procedure Code, it the two suits were filed seeking different remedies.In this case, the first suit was filed by the Appellant/ Plaintiff for eviction of the defendants on the basis of...

BREAKING| Madras High Court Directs NMC To Reconsider Direction For Govt Fee Rate In 50% Private Medical College Seats

In a significant judgment, the Madras High Court on Friday directed the National Medical Commission to revisit the office memorandum which directed that fees in 50% seats in Private Medical Colleges and Universities should be at the rate of Government seats. The Court said that the structure should be amended in such a way that merit is not affected.The NMC has been asked to reconsider the...

All High Courts Weekly Round-Up [August 29 - September 4, 2022]

Allahabad High CourtNominal Index Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko 2022 LiveLaw (AB) 397 Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others 2022 LiveLaw (AB) 398 Kanta v. State of U.P. 2022 LiveLaw (AB) 399 Deepak @ Deep Prakash @ Deepu v. State Of U.P., Through Secretary Home Govt. Of U.P 2022 LiveLaw...

Allahabad High Court Refuses To Quash Chargesheet Against Anti-CAA Protestors Accused Of Pelting Stones At Police Personnel

The Allahabad High Court recently refused to quash the Chargesheet filed against 5 men including an engineer by profession, accusing them of pelting stones at police personnel in Bijnor district during the anti-CAA protests in 2019.The bench of Justice Samir Jain noted that despite the fact that during the relevant time, section 144 Cr.P.C. had already been invoked in the city, a mob,...

Legal Heirs Can Substitute Complainant In Complaint Cases & Pursue Prosecution Upon His Death: Orissa High Court

In a landmark decision, the Orissa High Court has ruled that legal heirs of a complainant, where a criminal case is instituted upon complaint, can substitute him upon his death and pursue the case on his/her behalf. A Single Judge Bench of Justice Sashikanta Mishra held,"…notwithstanding absence of a specific provision, the statutory intent of the provisions of the Code is not to foreclose...

'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh Compensation

In a significant order affirming the importance of human dignity, the Allahabad High Court recently granted Rs. 5 Lakh compensation to a differently abled person (divyang) who was forced to ride a bicycle during an interview for an appointment on the post of Library Peon at a Government Degree College."The amount of compensation has been awarded to let the petitioner know, the State may take...

Delhi High Court Directs Amazon To Remove Listing Of 'Rooh Afza' Products Not Originating From Hamdard Group

The Delhi High Court has directed Amazon India to remove listing of famous 'ROOH AFZA' product not originating from the Hamdard Group, thereby granting an ad-interim injunction in its favour. Justice Pratibha M Singh was of the view that since 'ROOH AFZA' is a product which has been consumed by the Indian public for over a century now, the quality standards have to comply with the...

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes

The Allahabad High Court on Thursday granted anticipatory bail to one Julfikar who has been accused of subjecting a 9-year-old boy to forced circumcision for religious conversion purposes.The bench of Justice Suresh Kumar Gupta ordered that in the event of arrest of the applicant (Julfikar), he shall be released on anticipatory bail till the submission of the police report, if any, under...

Doctrine Of Election | No Right To Re-Approach NCDRC Once Complaint Is Withdrawn To Move RERA: NCDRC

National Consumer Disputes Redressal Commission [NCDRC], while applying the doctrine of election, has held that a complainant, having exercised the option of withdrawing his complaint from NCDRC and having approached RERA, does not have the right to re-approach the NCDRC.A bench comprising members Dr. S.M. Kantikar and Binoy Kumar further held that the same is also equivalent to forum...

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others

The Bombay High Court on Thursday quashed FIR against Dadra and Nagar Haveli Administrator Praful Khoda Patel, Collector Sandeep Kumar Singh, Police Superintendent Sharad Darade, and other authorities for allegedly abetting suicide of Mohanbhai Sanjibhai Delkar, seven times Member of Parliament (MP) of Dadra and Nagar Haveli."Considering all these aspects, we find merit in the submissions...

"Personal Interest Pleas Shouldn't Be Entertained": Allahabad High Court Dismisses PIL Seeking SIT Probe Against 2 Govt Officers

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a CBI probe and SIT inquiry against two government officers in the Public Works Department alleging that they had earned hundreds of crores by misuse of their position.The bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh observed that the petitioner had not disclosed...