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Delhi High Court Says ED's Approach Of Not Arresting Main Accused 'Arbitrary', Grants Bail To Others
The Delhi High Court has granted bail to three men in a money laundering case, while saying that the approach of the Enforcement Directorate (ED) in not arresting the main accused with graver role was “manifestly arbitrary.”“Having not arrested an accused who appears to have a graver role than the applicants and not even arraigned a person named to have facilitated in arranging the...
Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court
The Delhi High Court has made it clear that under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.Justice Tejas Karia thus granted interim injunction in favour of global integrated security company 'G4S' and restrained '4GS', also engaged in providing security services and registered with...
Employees Compensation Act Does Not Bar Lok Adalat From Adjudicating Compensation Claim Upon Employee's Death: Kerala High Court
The Kerala High Court recently held that Permanent Lok Adalats can settle or adjudicate the claims for compensation against employers upon the death of employees. It found that the bar under the Employees Compensation (EC) Act do not apply to the proceedings under Section 22C of the Legal Services Authorities Act.Justice M.A. Abdul Hakhim was considering an appeal preferred by the parents of...
Denial Of Re-Testing Of Seized Goods Must Be Occasional And Recorded In Writing: Bombay High Court
The Bombay High Court has held that re-testing of seized goods is a trade facilitation measure, not to be denied in the ordinary course. Justices M.S. Sonak and Advait M. Sethna stated that "...Ultimately, such denial must be only occasional and that too, on reasonable grounds to be recorded in writing. The guidelines emphasised that this facility of re-testing is nothing but a...
Mediation Subtracts Bitterness, Divides Burdens & Adds Hope To Broken Human Relations : Justice Surya Kant
At the 2nd National Mediation Conference held in Bhubaneswar on Saturday, Supreme Court judge Justice Surya Kant highlighted the transformative role of mediation in delivering justice that goes beyond court verdicts. Speaking at the inaugural session, he drew inspiration from the historic soil of Kalinga, remarking that true strength lies not in force but in dialogue that heals, restores,...
X Corp Can't Challenge Indian Laws Regulating Social Media Invoking 'Citizen Centric' Article 19: Karnataka High Court
The Karnataka High Court has ruled that X Crop, formerly Twitter, being a foreign entity cannot challenge Indian laws regulating social media here invoking Article 19 of the Constitution of India. Justice M Nagaprassana said that a company which is faceless in India, cannot on the basis of “baseless allegations”, come forward and challenge the laws of the nation.“In the same manner, X...
Mere Pendency Of Appeal Does Not Operate As Stay On Execution Of Trial Court's Decree: AP High Court
The Andhra Pradesh High Court has held that mere pendency of appeal in a Civil Court does not operate as stay on execution of a decree passed by the Trial Court.For context— the Court was dealing with a case where the petitioner lost a suit for eviction and filed an appeal, which was later dismissed for non-prosecution, leaving the Trial Court's decree intact. The decree holder...
Supreme Court Stays Rajasthan HC Judgment Which Held POCSO Act Safeguards Won't Apply Once Victim Turns 18 During Trial
The Supreme Court on Friday stayed a Rajasthan High Court judgment which held that procedural safeguards under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) end once the victim turns 18 during the trial. A bench of Justice Pankaj Mithal and Justice Prasanna B Varale issued notice returnable in six weeks on a petition challenging the High Court's order dated May...
'State Cannot Evade It's Financial Obligations': J&K High Court Calls For Framework On Speedy Payment To Contractors
The Jammu and Kashmir and Ladakh High Court has held that “the State cannot be permitted to evade its financial obligations” and directed the UT authorities to release ₹97.87 lakh along with 6% interest to a contractor whose bills were kept pending since 2017.Justice Wasim Sadiq Nargal, while pronouncing judgment in the petition filed by M/s Saint Soldier Engineer and Contractor Pvt....
Cruelty After Marriage Robs Women Of Dignity, Fight Against Domestic Violence Far From Over: Delhi High Court
The Delhi High Court has observed that cruelty in the matrimonial homes robs women of their dignity, underscoring that fight against social evils like dowry and domestic violence is far “from over.”“It is profoundly unfortunate that, even in present times, many women continue to suffer cruelty within their matrimonial homes, inter alia, for demand of dowry. Such cruelty not only robs...