Apoorva, Author at SCC Times

Madras High Court distinguishes between date of assignment and date of declaration in patent applications

Madras High Court directed the Controller of Patents and Designs to decide the patent application on merits and in accordance with law.

Case Briefs High Courts

Madras HC sets aside appointment of Transport Commissioner as Appellate Authority under Petroleum Rules, 2002

After perusing Rule 154(2) of the Rules of 2002, Madras High Court said that it is manifested that the Appellate Authority has to be one who is immediately superior to the District Authority. The Transport Commissioner is not superior to the District Authority.

Case Briefs High Courts

No one, including any litigant or lawyer, can carry arms in Court premises except police official on duty: Allahabad HC issues directions

“The worth of a lawyer flows from his pen, extreme hard work and his understanding of law and not from the barrel of a gun”

Case Briefs High Courts

Bounden duty of State to ensure that Article 21 of Constitution is not violated; Allahabad HC grants interim stay on demolitions in Lucknow’s Akbar Nagar

Allahabad High Court said that it is of no doubt that the petitioners have not been able to demonstrate any prima-facie title in their favor, but have successfully established their possession, even if the said possession is an illegal possession.

Case Briefs High Courts

Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned

While drawing the conclusion that the application does not fulfil the requirements of Section 16, the respondent has merely referred to the objections raised in the hearing notice.

Case Briefs High Courts

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

To afford an opportunity to the husband to present his case before the court below and to ensure the just decision of maintenance case filed under Section 125 CrPC, Allahabad High Court set aside the ex-parte maintenance order

Case Briefs High Courts

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.

Hot Off The Press News

[Gyanvapi Kashi Vishwanath case] Civil suits filed by Hindu worshippers seeking restoration of temple at mosque premises not barred by Places of Worship Act: Allahabad HC

Allahabad High Court: In pleas filed by Anjuman Intezamia Masajid Committee challenging suits concerning Kashi Vishwanath-Gyanvapi Mosque dispute, Rohit Ranjan Agrawal, J.

Case Briefs Supreme Court

Supreme Court stays defamation proceedings against IPS D Roopa filed by IAS Rohini Sindhuri

Supreme Court directed IPS Officer D Roopa and IAS Officer Rohini Sindhuri, to not give any interview or any information to the media, social and print, in any form.

Case Briefs Supreme Court

Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry

Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.

Case Briefs High Courts

Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers

Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge

Case Briefs High Courts

Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers

“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”

Case Briefs High Courts

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.

Hot Off The Press News

[Krishna Janmabhoomi-Shahi Eidgah Mosque case] Allahabad HC allows plea seeking appointment of Court commissioner for inspecting the Mosque

This application had been moved in the original suit, presently pending in the High Court concerning Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.

Hot Off The Press News

[Defamation case] Supreme Court asks IPS Roopa to delete social media posts against IAS Rohini Sindhuri

Supreme Court expressed its disappointment that the officers could not resolve their disputes amicably and said that If IAS-IPS officers fight like this, how will the administration work.

Case Briefs High Courts

Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC

The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs Supreme Court (Constitution/Larger Benches)

7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement

“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”

Case Briefs High Courts

Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.