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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.
A quick legal roundup to cover important stories from all High Courts this week.
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.
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
A quick legal roundup to cover important stories from all High Courts this week.
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.
“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.”
The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant
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.
Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family
“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”
Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.
“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”
“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
Medical profession deals with life of people and any compromise on merit would have a delirious effect
A quick legal roundup to cover important stories from all High Courts this week.
While relying on the Madras High Court’s decision, Bombay High Court opined that there was no justification to take up a futile attempt to find out the age of ink on the instrument under question.
“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”
Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023