“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”
The Collegium on 16-08-2023 reiterated its proposal dated 10-08-2023 to transfer Justice Bhatnagar to Rajasthan High Court.
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
“The Court cannot create a deeming fiction on its own, where the statute does not do so. In the absence of any provision which deems a revocation petition under Section 64 of the Patents Act to be a suit, a Court cannot, even in the interests of expediency, so hold.”
Dr Justice S. Muralidhar, whose illustrious legal career spans over more than 3 decades, bids adieu as Chief Justice of Orissa High Court on 07-08-2023.
A quick legal roundup to cover important stories from all High Courts in July 2023.
Delhi High Court observed that it seems that the petitioner, who is an Advocate, filed the present petition after being a beneficiary of the very same process only because he has been denied extension or reappointment.
The Supreme Court in State of M.P. v. Shyamsunder Trivedi, (1995) 4 SCC 262 observed that, it would be police officials alone who can only explain the circumstances in which a person in their custody had died.
Permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”
The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.
While enhancing compensation in a motor accident claims case, the Delhi High Court opined that rash and negligent driving does not necessarily mean excessive speed. Not taking due care while driving and overtaking amounts to rash and negligent driving.
Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi
Delhi High Court: The Single Judge Bench of Yogesh Khanna, J., ordered the release of a 27-year-old accused of rape on bail,
Centre Notifies the Transfer Orders of the following High Court Judges: S. No. Name of the Judge Present High Court High Court