Calcutta HC: Technical barriers cannot defeat guardianship for person with mental illness
The Court ensured that procedural obstacles did not deprive the petitioner and her brother of consideration under the guardianship framework.
Justice Krishna Rao
Illegal occupants of government land entitled to electricity connection despite not having occupancy papers: Calcutta High Court
The petitioner was an illegal occupier of government land and as a result could not furnish the documents proving ownership or occupancy required under the JERC Regulations.
‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC
The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.
Calcutta High Court directs Senior Examiner of Trademark to pass Speaking Order on rejection of Trade Mark Application for “ELECTRONICA”
The hearing in the present matter was concluded on 15-02-2023 and the Senior Examiner of Trade Marks passed the impugned order on 14-02-2024, i.e. after a period of one year.
Calcutta High Court approves settlement between Dabur and Dhruv Rathee to remove all references to ‘Real’ juices in YouTube video
The Calcutta High Court, in a previous order, requested the parties to consider resolving the dispute by blurring out or removing fruit juice packets deceptively similar to Dabur’s ‘Real’ fruit juice from the impugned video.
Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion
Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.
‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint
Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.
Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index
Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.
Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act
The Calcutta High Court noted literal interpretation of Section 9 of the Act supports the idea of provisional relief before the final enforcement of the arbitral award under Section 36.
Calcutta High Court upholds Arbitration Clause; directs parties to resolve dispute arising from distributor agreement through Arbitration
The Calcutta High Court emphasised on the doctrine of “kompetenz-kompetenz”, granting the Arbitral Tribunal the authority to rule on its own jurisdiction, including the existence and validity of the arbitration agreement.
Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity
The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.