graphics on display screen protected as design
Case BriefsHigh Courts

“There is nothing which prevents GUIs being registrable on a case to case basis after satisfying the requirements under Sections 2(a) and 2(d) of the Act when properly identified with an article and keeping in mind that the design elements are not purely function driven.”

Continue reading
validity of US divorce decree in India
Case BriefsSupreme Court

The Circuit Court had granted the divorce decree on the ground of irretrievable breakdown of marriage, which is not a recognised ground under Hindu Marriage Act, 1955 (HMA). However, taking note that the parties have been separated for 18 years, Supreme Court exercising its Art. 142 powers, decided to dissolve the marriage.

Continue reading
extract brain-dead husband gametes
Case BriefsHigh Courts

“Kerala High Court allows a woman to urgently extract and cryopreserve the gametes of her brain-dead husband, despite the absence of written informed consent under the Assisted Reproductive Technology (Regulation) Act, 2021, directing that no further ART procedures occur without its approval.”

Continue reading
personal expertise of arbitrator
Case BriefsHigh Courts

The Calcutta High Court Court delved into whether substituting expert analysis with opinions based on personal expertise of the arbitrator amounts to breach of fundamental policy of Indian law.

Continue reading
overlap between copyright and trademark
Case BriefsHigh Courts

The Delhi High Court noted that the TIGER logo of Heineken Asia Pacific Pte. Ltd had been copied in totality and hence, the registration of the impugned artistic work could not be permitted to continue in the Register of Copyrights

Continue reading
false promise to marriage in long term relationships
Case BriefsHigh Courts

The Madhya Pradesh High Court held that to show that consent was vitiated by a misconception of fact based on a promise to marry, it must be proven that the promise was false from the outset, made in bad faith, and directly influenced the woman’s decision to engage in the sexual act.

Continue reading
toll plaza advocate assault case
Case BriefsSupreme Court

The Court grimly noted that hooliganism shown by the members of Barabanki Bar Association, stating that Bar Council of India is expected to take appropriate action. The Court also transferred the case to Tis Hazari Courts to ensure fair trial.

Continue reading
16-year-old case against lawyer
Case BriefsHigh Courts

“To attract Section 3(1)(r), Atrocities Act, the FIR or material on record needed to show that the petitioner intentionally insulted or intimidated the respondent and that he did so with the intent to humiliate the respondent at a place within public view.”

Continue reading
invocation of personal guarantee
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLT examined whether a statutory Form B notice under R. 7(2) of the 2019 Rules, without a distinct contractual demand, can give rise to liability under an on-demand guarantee.

Continue reading
adverse remarks against judge
Case BriefsHigh Courts

“The recording of reasons while setting aside an order cannot, by itself, be construed as a reflection on the competence, integrity, or ability of the judicial officer who passed the order, unless there are specific and express observations to that effect.”

Continue reading
vaishno devi shrine board not State
Case BriefsHigh Courts

“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”

Continue reading
right to be considered for promotion
Case BriefsHigh Courts

The case centred on a dispute between a worker’s request for transfer on marriage and a helper’s claim to priority consideration for the Anganwadi Worker post.

Continue reading
culpable homicide on provocation
Case BriefsHigh Courts

“The deceased used to beat them even though they tried to persuade him to give up his addictions and improve.”

Continue reading
maternity benefits for adoptive mothers
Case BriefsSupreme Court

Section 60(4), Social Security Code, 2020 which entitled maternity benefit of 12 weeks to mothers who legally adopt a child below the age of 3 months, was held to be violative of the Constitution.

Continue reading
Siddharth Varadarajan
Case BriefsHigh Courts

“Despite more than two and a half years have passed, the State has not filed any counter affidavit.”

Continue reading
repeated summoning of minor victims
Case BriefsHigh Courts

“Both the statutory framework under the POCSO Act and the Guidelines framed by this Court recognise that the use of technology and protective arrangements is an important tool to ensure that the testimony of vulnerable witnesses is recorded in a manner that is both — fair to the accused and sensitive to the needs of the victim.”

Continue reading
Legends League Cricket media rights dispute
Case BriefsHigh Courts

The dispute concerned the broadcast and commercial exploitation of the ween the parties relating to the broadcast and commercial exploitation of the Legends League Cricket tournament, managed by Absolute Legends Sports.

Continue reading
minor alterations do not affect trade mark's identity
Case BriefsHigh Courts

“The earlier invoices contain a pictorial depiction of Lord Ayyappa, which does not tally with the pictorial depiction in the registered mark.”

Continue reading
preventing man from offering Namaz
Case BriefsHigh Courts

“If the local authorities, i.e., Superintendent of Police and Collector, feel that the law and order situation could arise because of which they want to limit the number of worshipers within the premises. They should either resign from their post or seek transfer outside Sambhal if they feel they are not competent enough to enforce the rule of law.”

Continue reading
Judicial Review of confirmed auction sale
Case BriefsSupreme Court

“The requirement that the recovery process be fair, transparent and based on a proper assessment of value must co-exist with the principle of finality governing confirmed sales.”

Continue reading