Bringing you the Best Analytical Legal News
Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.
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The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.
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Madras High Court granted police protection for conducting Cock fight to mark the birthday celebrations of the late Chief Minister Dr.M.G.Ramachandran, subject to certain conditions.
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Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.
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Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.
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Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.
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The Delhi High Court held that the engagement of BSNL VRS-2019 retirees in any Central Public Sector Enterprises/Government department on contractual/consultancy basis, for which the retired employees on superannuation in due course were eligible for consideration, was not in violation of Clause 8 (iii) of BSNL Voluntary Retirement Scheme-2019.
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Allahabad High Court has ordered for a comprehensive affidavit to be filed by the State furnishing explanation regarding the inaction against the unauhtorised hotels functioning in Lucknow.
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“By the time the judgment is proposed to be rendered on such a plaint, the law available for the Court would be that there was no Triple Talaq. Therefore, the view of the trial Court that the ratio in Shayara Banu's case (supra) is not applicable retrospectively is incorrect.” observed the Court
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If the court were to find that the material which is likely to be broadcast or published already exists in the public domain and has existed as such for a considerable period without an objection having been raised, that too would detract from the right of the plaintiff to seek ad interim injunctive relief.
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Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.
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Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”
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U.P. Intermediate Education Act is not applicable to the teachers employed in private minority institutions. Thus, the teachers do not have the right to invoke the powers of the High Court, under Article 226.
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Allahabad High Court said that the conduct of Sanjay Prasad shows deliberate and willful disobedience of the orders passed by the writ Court as well as this Court. Thus, it issued bailable warrants against him.
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The Delhi High Court Delhi dismissed plea for constituting independent tribunal or committee to oversee enforcement of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and held that mere apprehension that the Act was capable of being misused was no ground to create an independent body to oversee the functioning of the FCRA.
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The plaintiff contended that the impugned platforms contained various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the 'safe-harbour' protection guaranteed to intermediaries under the IT Act.
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Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.
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“Sufficiency of material is one thing and supply of the same is another, which is mandatory in nature. Therefore, the non-supply of the material referred to in the reasons to believe would be enough to render the proceedings bad, even though the material for forming the opinion may be sufficient.” observed the Court.
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The Delhi High Court held that the Delhi Land Reforms Act, 1954 would not be applicable to the land which had lost its character as an agricultural land and was declared an urbanized land in view of the notifications passed by the Delhi Development Authority and Ministry of Urban Development.
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The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’
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