Case Briefs Archives | Page 279 of 914

Delhi High Court stays use of ‘BURGER KING’ mark in a rectification petition filed by Burger King Co. LLC against a family restaurant

In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.

Case Briefs High Courts

Delhi High Court directs CCI to take up applications filed by Start-up companies challenging Google’s New Billing Policy

Section 15 of the Competition Act is an enabling provision engrafted by the Legislature to overcome any inability which may accrue to statutory authorities like the CCI while acting in furtherance of the aims and objects of the Act.

Case Briefs Supreme Court

Woman’s unnatural death in matrimonial home, within 7 years of marriage, not sufficient to convict husband/in-laws for dowry death: Supreme Court

The Supreme court observed that for woman’s death to be considered dowry death under Section 304-B and 498-A IPC, the cruelty or harassment has to be soon before the death.

Case Briefs High Courts

Delhi High Court holds Officials guilty of Contempt of Court for wilful disobedience of Court’s order directing to enhance staff’s minimum wage

The Delhi High Court held that the Special Commissioner Transport; the Chief Secretary; and the Secretary Labour of the Delhi Government were guilty of Contempt of Court for wilful disobedience of High Court’s order, directing them to enhance staff’s minimum wage.

Case Briefs High Courts

Karnataka High Court stays the cancellation of actor Chatan Kumar’s OCI card; directs him to refrain from tweeting about judiciary or sub-judice matters

Prominent Kannada actor Chatan Kumar, was granted conditional interim protection from cancellation of his OCI card until the next date of hearing, which has been set in June.

Case Briefs Supreme Court

High Courts not precluded from scrutinizing ITAT’s determination of Arm’s Length Price vis-à-vis Transfer Pricing: Supreme Court

The Supreme Court asserted that it was always open for the High Court to consider and examine whether the Arm’s Length Price had been determined while taking into consideration the relevant guidelines under the Act and the Rules.

Case Briefs High Courts

Meghalaya HC directs State to file an affidavit indicating plans to control traffic congestion in Shillong

The Court noted that the State had indicated several long-term and short-term plans earlier, however, nothing was implemented by the State till date.

Case Briefs Supreme Court

[Majority View] Unstamped Arbitration Agreements are not valid in law: Supreme Court

The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.

Case Briefs High Courts

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Case Briefs Supreme Court

SC orders transfer of all FIRs against Munawar Faruqui to Indore; makes previous interim bail order ‘absolute’

The Supreme Court gave huge relief to Comedian Munawar Faruqui, by clubbing all FIRs and complaints registered against him at various places.

Case Briefs Supreme Court

‘Specificity in show-cause notice required for imposing fine’; Supreme Court quashes MP High Court’s order maintaining 3 years’ debarment of transformer manufacturer

Supreme Court observed that the High Court had the opportunity to correct the obvious errors in its order, since one part of the matter was not even considered, and the other part also lacked requisite attention to contentions.

Case Briefs High Courts

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

Case Briefs High Courts

Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court

Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.

Case Briefs Supreme Court

Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

Case Briefs High Courts

[POCSO] Relationship between accused and victim girl is that of uncle and niece; Meghalaya High Court refuses to quash criminal proceedings

Meghalaya High Court observed that threatening of the victim girl by the accused is not a sign of a love relationship between two young persons, as submitted by the accused as his defence.

Case Briefs High Courts

Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs

Delhi High Court observed that customers are being misled by the defendants and the entire effort is deliberate and dishonest amounting to dilution of the reputation and goodwill of the trademark/logo of the plaintiffs.

Case Briefs High Courts

“Life is too short to be spent on litigating”; Karnataka High Court gives elaborate suggestions regarding jurisdiction of District Courts vis-à-vis hearing of First Appeals

Raising concerns over the period of delays in hearing appeals, the Karnataka High Court made detailed suggestions for effective functioning of judiciary, and which can reduce work -load of the High Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No embargo on Operational Creditor to file application u/S 9 IBC, even if agreement has an arbitration clause: NCLAT

The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.

Case Briefs Supreme Court

Register all migrants on eShram portal for Ration Card within 3 months: Supreme Court

“Without the ration card a migrant/unorganized labourer or his family members may be deprived of the benefit of the schemes and may be the benefit under the National Food Security Act”, the Supreme Court observed.

Case Briefs Supreme Court

Adani power entitled to Change in Law for 100% of contracted capacity which is 70% of installed capacity of Phase IV extension of Mundra Project: Supreme Court

The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.