Here are some of the interesting Legal Stories from Week 4 of January 2022
Bishop Franco Mulakkal; A victim of faction feud in the Church and group fights of nuns? Read why Sessions Court acquitted the Bishop in nun rape case
While hearing a case which had lead nation to one of the most controversial outbreak and had lifted the veil to showcase the alleged atrocities and harassment behind the four walls of the Church, Gopakumar G., Addl. Sessions Judge held that what seem to be a disturbing case of sexual violence by a Bishop, intoxicated with power, authority and position was nothing but a faction feud in the Church and the victim was a mere scapegoat in the hands of priests.
Consumer cannot be forced to pay “service charge” in a restaurant: Consumer Forum finds conduct of restaurant contrary to principles of Consumer Protection Act
While holding against the service charge, charged by a restaurant, Consumer Forum directed for return of the amount charged as “service charge” along with compensation.
Did Ola abuse its dominant position? Read to know
NCLAT held that Ola’s below-cost pricing was not predatory pricing with a view to dislodging any competitor from the market but towards establishing itself as an effective and reliable brand in the market and also opening up a latent market to its advantage.
Son ousted benighted widowed mother, deprived her right to “live a normal life” apart from maintaining and supporting her livelihood
G.S. Kulkarni, J., while addressing another unfortunate case concerning a mother who was ousted from the tenement she owned by her own son expressed that,
“This appears to be another clear case where the petitioner(son) has no other intention but to enjoy the tenement exclusively, ousting the roof over his mother’s head, taking advantage of her incapacity at such an old age.”
Husband’s company can have ‘Virat Kohli’ as a brand ambassador, but cannot provide maintenance to wife: Man tried appearing as a pauper? Saket Courts adjudicates
While addressing a case wherein the maintenance was sought by wife, Saket Courts held that,
“It cannot be believed that a person who was capable of supporting a family by getting married, would all of a sudden become devoid of all sources of income.”
‘On Judgement Day, God shall admonish petitioner for committing un-Christian act’: Read weather Madras HC holds Catholic Priest prima facie accountable under S. 295A IPC for using ‘Bharat Mata’ and ‘Bhuma Devi’ in offensive manner
“Bhuma Devi is considered as a Goddess by all believing Hindus. I use the expression “believing” because, even materialists, rationalists and non-believers also can be counted as Hindus. I may add tongue-in-cheek that even the great iconoclast and rationalist Periyar did not cease to be a Hindu. Bharat Mata evokes a deeply emotional veneration in a very large number of Hindus. She is often portrayed carrying the national flag and riding a lion. She is to many Hindus a Goddess in her own right.”
Can merely disowning bank accounts exempt assessee from paying tax? Read why ITAT approved addition of Rs 12.81 Crores under S.68 of Income Tax Act
Stating that, “Urgent needs invite urgent action”, ITAT while addressing a very significant matter wherein assessee did not disclose the two bank accounts operated by him to the Income Tax Department, expressed that,
“Merely disowning the bank accounts by the assessee does not lead to the conclusion that the accounts are not maintained by him when there is a direct evidence contrary to the contention of the assessee.”
Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides
The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right to personal hearing observed that,
Faceless Assessment Scheme does not mean no personal hearing.
An assessee has a vested right to personal hearing and the same has to be given, if an assessee asks for it.
SPOTIFY v. POTIFY | Can the mark POTIFY conjure up mark SPOTIFY? Here’s detailed analysis of US Patent and Trademark Office decision in trademark clash
United States Patent and Trademark Office decided whether SPOTIFY is entitled against dilution by blurring under 15 U.S.C Section 1125(c).
53-year-old man molested a 9-year-old minor boy by pressing his private parts: Court sentences man under POCSO Act
Jayakrishnan, Special Judge addressed a case wherein a minor boy aged 9 years old was subjected cruelly by a 53-year-old man who squeezed the boy’s private part causing him pain.