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Elon Musk Tesla Inc trade mark infringement

[Tesla v. Tesla] Delhi High Court refers trade mark dispute between Tesla Inc and Tesla Power India to mediation

With consent of both the parties, the matter is referred to the Senior Mediator of Delhi High Court Mediation and Conciliation Centre.

Case Briefs High Courts

Delhi High Court directs formation of Code of Conduct to regulate Patent and Trade Mark agents; sets aside abandonment order of patent application

Apart from the formation of Code of Conduct for Patent and Trade Mark agents, the Delhi High Court also found a requirement to put in guidelines for solicitation and advertising.

Case Briefs High Courts

‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.

Case Briefs High Courts

[Rights Issue] | Parties to maintain status quo; Byju’s to not make share allotment till NCLT reaches a final decision during remand proceedings: Karnataka HC

The Court further directed that the exercise of deciding as per the remand order by Single Judge must be completed expeditiously and before 31-07-2024.

Case Briefs High Courts

‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’

The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.

Case Briefs High Courts

Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders

Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.

Case Briefs High Courts

Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal

The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.

Case Briefs High Courts

‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge

The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.

Case Briefs Supreme Court

Supreme Court upholds conviction of police guard who murdered relative inside police station over wife’s affair

“The cross examinations are adjourned routinely which can seriously prejudice a fair trial and this practice is not healthy. The Courts should be slow in deferring cross-examinations. The mandate of Section 231 of the CrPC must be followed in its letter and spirit.”

Case Briefs High Courts

Bombay HC permits cancer patient to medically terminate pregnancy at 24 weeks for receiving chemotherapy treatment

The Court took note of the petitioner’s statement of miserable suffering and unbearable pain, and that palliative treatment might help her live longer and comfortably. The Court also stated that the petitioner had right to reproductive freedom and autonomy over her body.

Case Briefs High Courts

Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused

The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.

Case Briefs High Courts

‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives

“The nature of abusive language is not specific. Applicant 1 was naturally at the house, and there was no evidence of intent. Therefore, ingredients of Section 503 IPC as punishable under Section 506 IPC are not made out.”

Case Briefs High Courts

Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers

Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC finds Care Hospital liable for deficiency in services which led to a patient contracting and ultimately dying due to Hospital Associated Infections

This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.

Case Briefs High Courts

‘Two different conclusions drawn on same material’; Delhi HC quashes reassessment notice issued by Assessing Officer on a mere change of opinion

The Court observed that no new material has been found by the Revenue which would warrant reopening the assessment. A reading of the notices will crystallize the fact that it has been issued merely based on a change of opinion.

Case Briefs High Courts

Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another

In a high-stakes murder case, the Calcutta High Court’s division bench delivered a split verdict. Justice Soumen Sen commuted the death sentence to 30 years of imprisonment, while Justice Partha Sarathi Sen ordered an outright acquittal. The case has now been referred to the Chief Justice for further directions.

Case Briefs High Courts

A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court

“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”

Case Briefs High Courts

Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law

The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.

Case Briefs High Courts

‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC

The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.

Case Briefs High Courts

Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains

“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”