Bringing you the Best Analytical Legal News
“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”
Continue reading
“If the construction is completed it will be a fait accompli. The loss will be irreparable. Balance of convenience is in favour of maintaining the status quo with respect to the construction of houses in R5 zone till the final judicial orders are passed.”
Continue reading
“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”
Continue reading
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 12 of the Preventive Detention Act, 1950.”
Continue reading
A quick legal roundup to cover important stories from all High Courts this week.
Continue reading
“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”
Continue reading
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
Continue reading
The Meghalaya High Court said that the State may consider being a model in the Country regarding the ethical treatment of animals.
Continue reading
“The Court cannot create a deeming fiction on its own, where the statute does not do so. In the absence of any provision which deems a revocation petition under Section 64 of the Patents Act to be a suit, a Court cannot, even in the interests of expediency, so hold.”
Continue reading
“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”
Continue reading
“It is the basic duty and responsibility of the respondent to protect the environment of the forest by complying with the G.O.Ms.No.91, Environment Forests Science and Technology (FOR.III) Department and by submitting the complete report as it is on his recommendation that the shifting is permitted.”
Continue reading
“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”
Continue reading
The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.
Continue reading
It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.
Continue reading
“The consensus of the parties in proceeding with the arbitration case beyond twelve months without raising any objection to the continuation of proceeding does amount to consent. On the basis of such consent, the arbitral award if passed after six months would be a valid award.”
Continue reading
“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”
Continue reading
“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”
Continue reading
“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”
Continue reading
A quick legal roundup to cover important stories from all High Courts in July 2023.
Continue reading