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While purchasing a motor vehicle, the name of the manufacturer becomes very important and an average consumer while deciding to purchase a motor vehicle would not only consider the model of the motor vehicle but also its manufacturer.
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When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.
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The lack of bona fide on the part of the defendant is also demonstrated from the fact that it has adopted an identical colour combination of ‘blue and white’, as used by the plaintiff. Pertinently, most of the measuring tapes of the defendant selling under different marks do not bear the ‘blue and white’ colour combination.
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The Court observed that though the appellant contended that the net worth of the company is Rs.91 crores and is not a fly-by-night company, no physical assets or any other alternative security is provided either before the Single Judge or before the present Court.
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The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.
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The Court cannot assume that every handwriting Expert who has been duly qualified by the Government will necessarily have such special skill and knowledge that he will always give accurate opinions on one disputed point.
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The plaintiff was shocked to find that the defendant unilaterally uploaded a short video clip of the interview on Instagram without prior approval displaying the defendant’s logo, ‘Miss Malini,’ while deliberately obscuring the plaintiff’s ‘Mirchi®’ logo, violating the agreement on usage permissions.
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The plaintiff Rahul Mishra is a leading Indian Fashion designer based out of Delhi and is engaged in creating exquisitely and luxuriously designed and handcrafted fashion clothes/ apparels under his own fashion label ‘RAHUL MISHRA’.
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Andhra Pradesh High Court quashed proceedings under Section 138 NI Act, ruling that the dishonor of a cheque issued on a State Bank of Hyderabad account, rendered invalid due to the bank’s merger with SBI and expiry of its validity in March 2018, does not attract liability under the NI Act.
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For the purpose of awarding compensation, there should be the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement, but the same is not required to be direct and proximate.
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The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.
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The case relates to Joint Forum of Doctors who approached the police authorities for permission to hold peaceful protest raising certain grievances relating to an unfortunate and barbaric incident of R.G. Kar Medical College and Hospital at the night of 09-08-2024
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The comparison of images of both names makes it abundantly clear that defendant 1 has copied the most distinctive part of the plaintiff’s mark, which is ‘Evergreen’. In the case of the defendant 1, the word ‘Evergreen’ has the prefix “JV” and the suffix “Sweets and Treats”, whereas in the plaintiff’s case, the word ‘Evergreen’ is followed by the word “Sweet House”.
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The similarity between the conflicting marks ‘IKEA’ and ‘IKEY’ is such that it cannot be mere co-incidence and a case of ignorance.
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The petitioner made a tweet via his Twitter handle and made a post on his Facebook account regarding the presence of the ‘Shiva Linga’ like structure found in the Gyanvapi Mosque in Varanasi, Uttar Pradesh which reads as “Yadi yeh Shiv Ling hai to Lagta hai shayad Shiv ji ka bhi khatna kar diya gaya tha”
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It would be a travesty of justice if the petitioner were denied the benefit of circular merely on the ground that his mother does not have a decree of divorce or separation from a court of law.
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The expression “plant and machinery” has been defined by the Explanation appearing in Section 17(5) of CGST Act to mean apparatus, equipment and machinery fixed to earth by foundation or structural support. However, it specifically excludes telecommunication towers from the ambit of the expression “plant and machinery”.
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The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.
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Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.
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A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition.
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