Bringing you the Best Analytical Legal News
The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.
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The allegations in the FIR, even if accepted in their entirety, do not disclose the commission of any offence, nor does the material collected during the investigation cure that deficiency. The continuation of such a prosecution, more than six years after the incident, would amount to an abuse of the process of the Court, warranting the exercise of the inherent jurisdiction under Section 482 CrPC.
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The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.
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Himachal Pradesh High Court upheld the acquittal in a snake-bite death case, ruling that criminal negligence cannot be inferred merely from a delay in taking the victim to a hospital. In the absence of medical evidence showing that timely treatment could have prevented the death, the prosecution failed to establish causation under Section 304-A IPC.
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Delhi High Court held that an EWS student may be required to repeat Class V under Section 16 of the RTE Act where repeated academic support fails to ensure foundational learning, while directing the school to continue all EWS entitlements.
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The Court observed that modern cooperative housing societies have evolved into self-contained entities providing numerous services and amenities, making timely payment of maintenance charges essential for meeting operational expenses and statutory obligations.
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Chhattisgarh High Court dismissed a writ petition seeking compensation for death due to electrocution while operating a domestic tullu pump, holding that the incident was not covered under the compensation scheme prescribed for specified electrical accidents.
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The Court held that the absence of blood and urine tests does not invalidate disciplinary proceedings and that the Drunkenness Certificate issued by the Medical Officer along with the Judicial Magistrate’s observations was sufficient to establish misconduct inside the Court hall.
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In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.
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Delhi High Court dismissed a Section 34 challenge after holding that an Arbitral Tribunal rightly refused to rely on a letter exchanged between the respondent and DFCCIL in separate arbitral proceedings. The Court ruled that permitting reliance on such material would undermine the statutory confidentiality regime under Section 42-A, Arbitration and Conciliation Act, 1996.
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The Court grants bail to the accused amid prolonged incarceration, defective investigation and uncertain identification of the accused.
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The Court noted that the wife had herself obtained custody of the minor daughter on the specific assertion that she was financially capable of maintaining and taking proper care of her.
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The Court by order dated 20 July 2026, had directed the production of all relevant pathological reports and medical records under concerning Sonam Wangchuk, before proceeding in plea seeking his transfer to Medanta Hospital,
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The Court observed that a wrong committed by the parents of the petitioner cannot be attributed to the petitioner, who was aged just about four years at the time of his admission and is still a minor.
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The appellant approached the Court seeking a direction permitting her husband, Sonam Wangchuk, to be shifted from Safdarjung Hospital, New Delhi, to Medanta Hospital, Gurugram, or any other medical facility of his choice.
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Bombay High Court grants adinterim relief to practicing Advocate who contends that criminal liability has been foisted upon him for legal opinion rendered in professional capacity.
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Observing that playing games is a fundamental right of the children and prohibiting the children from playing, takes away their overall health, the Court has directed that the defendant-association to reconsider its decision, specify the games to be played in the play area after taking confidence of the members of the association within a period of 3 months.
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The High Court holds that confiscation is a matter to be considered at the conclusion of trial and that, pending such determination, the court is empowered to grant interim custody of the seized vehicle under Section 497 BNSS.
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In the case at hand, the wife disclosed a monthly income of ₹1,00,000, her TDS records showed ₹1,64,285. Her husband earned ₹60,000. However, the trial court awarded her ₹20,000 in interim maintenance.
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The Delhi High Court directed preservation of CCTV footage, an independent medical examination, and detailed reports from jail authorities after a Tihar inmate alleged custodial assault by the Head Warden, denial of medical treatment, and demand for illegal protection money.
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