Know why Delhi HC ruled marks ‘TIGER’ and ‘BRAND’ are generic; cannot be monopolized
“The mark ‘TIGER’ is publici juris and common to trade and is not uniquely identifiable with a particular goods or services of the Plaintiff.”
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Being unrecognized does not imply closure: Allahabad High Court directs seal on Madarsa to be lifted
“Madarsa will not be entitled to claim any government grant till it is recognized, and the Madarsa Education Board will not be obliged to permit the students of the Madarsa in examination conducted by the Madarsa Board.”
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Allahabad HC flags “systemic inaction” by revenue authorities; Issues guidelines for Enforcement of Orders under Section 24 of UP Revenue Code, 2006
“Despite having successfully navigated the statutory procedures, undergoing summary inquiries, site inspections, and obtaining final execution orders for affixation of boundary marks, the petitioners find themselves to be in a situation where the end relief remains illusory.”
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Once plaint is returned for lack of pecuniary jurisdiction, suit proceeds de novo; Earlier pleadings and evidence are non est: J&K and Ladakh HC
“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”
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Bar Association Not ‘State’, No Writ of Mandamus maintainable for alleged trespass in Court Chamber: Delhi High Court
“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”
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Bombay High Court: Major victim cannot be detained in protective home against her wish; Detention under Immoral Traffic (Prevention) Act unsustainable
“Mere fact that the victim was alone, by itself, could not have been a justifiable ground to detain her in a protective home.”
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Delhi HC refuses interim relief against IRCTC’s termination of catering contract; cites multiple passenger complaints and unsatisfactory service
“There are multiple complaints of over-charging, service quality, hygiene, food quality, etc. against the appellant, which presents a troubling state of affairs as regards the on-board catering services being offered by the appellant on the subject train.”
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Medical negligence cases should be referred to doctors’ board for independent & competent opinion: Punjab and Haryana HC quashes complaint against practicing doctor
The Professor of Surgery who was supervising the treatment of the victim deposed in his sworn deposition that it was not a case of negligence on the part the doctor who had operated her.
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Delhi High Court dismisses Somnath Bharti’s Election Petition; Non-joinder of alleged corrupt candidate held fatal and incurable
“If the ROPA itself mandates that non-joinder of a necessary party leads to dismissal of an election petition, the Court cannot use CPC provisions to cure that defect.”
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Forcing an arrestee to strip, photographing him/her and circulating images is institutional humiliation; direct assault on human dignity: Rajasthan High Court
“The right to dignity does not evaporate upon arrest. Even a person accused of an offence continues to be clothed with basic human rights.”
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Suspension becomes invalid if not reviewed within 90 days as per Rule 10(6) of CCS(CCA) Rules; Subsequent review cannot revive it: Himachal Pradesh HC
“As per Rule 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the order of suspension made or deemed to be made would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.”
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‘Bodily freedom recognized even in a marriage’: Gujarat HC refuses anticipatory bail to husband accused of sexually assaulting wife
“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
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Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive
“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
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Delhi High Court dismisses election petition challenging Manish Sisodia’s 2020 Patparganj Assembly Win
“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”
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Mere statement of aggrieved person disclosing prima facie ingredients of the offence sufficient to sustain charges under SC/ST Act: Kerala HC
“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”
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Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid
“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”
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Orissa High Court bars application of Limitation Act computation method to contractual termination clauses
“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”
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Delhi HC enforces Amit Malviya’s undertaking; Stays defamation complaint against RSS Member
Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.
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“Section 498A IPC not panacea for all matrimonial ills”: Karnataka High Court quashes FIR against husband and his family
“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
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Rubbing penis against child’s private part not ‘Penetrative Sexual Assault’ under POCSO Act; Delhi HC modifies sentence
“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”
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