HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court
Conundrum under Equity Crowdfunding
by Dinesh Eedi* and Jyotshna Yashaswi**
Cite as: 2024 SCC OnLine Blog Exp 6
Madras HC directs Patent Controller to reconstitute Opposition Board as evidence is filed after issuance of Board Recommendations
Madras High Court said that natural justice clearly requires that the additional evidence placed on record by both parties should be considered by the Opposition Board.
HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Fundamental right to passport; Berger Paint’s trademark; Public Prosecutors’ appointment; Gurmeet Ram Rahim’s defamation suit
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court upholds State Government’s power to appoint Public Prosecutors and Additional Public Prosecutors under S. 24 (6A) of CrPC
The petition was filed by an Advocate, challenging the appointment of Public Prosecutors / Additional Public Prosecutors in all District Courts within the territorial Jurisdiction of Madurai Bench.
‘Husband has not treated both wives equally as required under Islamic Law’; Madras HC upholds Family Court’s judgment granting dissolution of marriage
“Under the Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wives equally”
“No repeated or severe blows inflicted upon mother-son duo”; Supreme Court sets aside conviction under Section 307 IPC
The Court modified the sentence imposed and found the convicts guilty under Sections 323 and 324 of the IPC.
14th K.R. Ramamani Memorial National Taxation Moot Court Competition, 2024
Organized by School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University in Association with Subbaraya Aiyar, Padmanabhan and Ramamani
Invention applicable in business but primarily related to technical process is not a business method; Madras HC remanded patent application for reconsideration
“The monopoly claim is not in respect of a business method but in respect of a claimed invention deploying hardware, software and firmware for purposes of data privacy and protection”
Madras High Court distinguishes between date of assignment and date of declaration in patent applications
Madras High Court directed the Controller of Patents and Designs to decide the patent application on merits and in accordance with law.
Madras HC sets aside appointment of Transport Commissioner as Appellate Authority under Petroleum Rules, 2002
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.
HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on New Balance Athletics; WOW Momos; Prestige Cookers; Matrimonial Disputes and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned
While drawing the conclusion that the application does not fulfil the requirements of Section 16, the respondent has merely referred to the objections raised in the hearing notice.
Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers
Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge
HIGH COURT DECEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity Leave to Contractual Employee; Marital Rape; Booking.com vs MMT; Appointment of Law Officers and more
A quick legal roundup to cover important stories from all High Courts this week.
Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent
Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.
[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use
“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”
Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court
The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant
[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks
Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.
Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order
Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family