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Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.
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The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.
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The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.
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Holding Samsung India liable for deficiency in service, DCDRC stated that often companies fail to provide spare parts required for a product’s proper functioning, thereby eventually compelling consumers to discard still-functional products.
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“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
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“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”
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“The Ministry of Information and Broadcasting shall call the producers of the films ‘Jawan’ and ‘Hi Papa’ for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films.”
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“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”
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“While reducing the age limit from 21 years to 17½ years for recruitment as Agniveers, the Government has considered various aspects including the distinct and challenging geographical terrains in the borders of India and also the system of Army maintained in various world countries.”
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Madras High Court directed the Controller of Patents and Designs to decide the patent application on merits and in accordance with law.
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“Defendants are based out of India and are taking shelter under the technological tools to stay away from the Court, while continuing to operate the platform.”
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Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.
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“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
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After perusing Rule 154(2) of the Rules of 2002, Madras High Court said that it is manifested that the Appellate Authority has to be one who is immediately superior to the District Authority. The Transport Commissioner is not superior to the District Authority.
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It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.
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“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”
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“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”
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The AES Chhattisgarh Energy and Director were accused of cheating the Ministry of Coal by misrepresenting the fact that they were subsidiary company of AES Corporation, USA.
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Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.
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“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”
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