DLF is a dominant enterprise in developing commercial space in Kolkata? CCI analyses
Competition Commission of India (CCI): On finding that DLF being a new entrant in developing commercial space in Kolkata and having only
law
100 Reports from 22 High Courts | Marital Rape, Taj Mahal Case, Maternity Benefit, Right of Press, Provocative Slogans and more | May RoundUp 2022
TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?
[Trademark Battle] Karim’s v. Kareem’s | Kareem’s related to or associated with Delhi’s iconic Karim’s restaurant? Del HC issues directions
Delhi High Court: Prathiba M. Singh, J., has restrained Kareem Dhanani from opening any further restaurants under the marks “KARIM/KARIM’S/KAREEM/KAREEM’S” or any
Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light
Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right
[Public Employments] Can appointments be claimed as a matter of absolute right? Madras HC unfolds
Madras High Court: S.M. Subramaniam, J., observed that, equal opportunities in public employment is the Constitutional mandate. Several petitions were instituted for
Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates
Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section
Wilful Defaulter Circular: A Much-Needed Munition or a Growing Conundrum
by Bishwajit Dubey*, Shatrajit Banerji** and Prafful Goyal***
Can organisers of political rallies be responsible for provocative slogans raised by any of the participants during such rallies? Ker HC answers
Kerala High Court: P.V. Kunhikrishnan, J., observed that, if a member of a rally raises provocative slogans, the persons who organize the
Titles of films are capable of being recognised under trademark law? Read Del HC’s decision in light of film ‘SHOLAY’
Delhi High Court: Prathiba M. Singh, J., expressed that, the word ‘SHOLAY’, is the title of an iconic film, and consequently, as
Import without custom duty, lower Court issued summons order, but Delhi HC sets aside: Read 5 reasons why impugned order was bad in law
Delhi High Court: Chandra Dhari Singh, J., while setting aside the order of lower Court in a case concerning Customs Act, laid
If a passenger carries a season ticket on local train but fails to provide an identity card, would he be not covered under ‘Bonafide Passenger’? Bom HC resolves
Bombay High Court: While partly allowing the appeal wherein a passenger sustained injuries in an untoward incident, Sandeep K. Shinde, J., expressed
Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines
Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant
Merely exhorting others to come out and indulge in criminal activities, would amount to committing a crime? Court answers while emphasizing elements of criminal conspiracy
Karkardooma Courts, Delhi: While addressing a case of alleged criminal conspiracy, Virender Bhat, ASJ-03, expressed that, “The circumstances in a case, when
Can an act of dissent be labeled as sedition? P&H HC analyses
“Laws like sedition, need narrower and stricter interpretation and acts charged of should reflect something more than expressing discontent against State.”
If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines
Supreme Court of the United States (SCOTUS): In a 6-3 ruling, Court expressed that, Emotional distress damages are not recoverable in a
Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed
Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision
National Company Law Tribunal, Mumbai Bench (NCLT): The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member deliberated
Right of Press to report truthfully and faithfully | Press shall NOT indulge in sensationalism: Ker HC
Kerala High Court: Stating that, though the Press has a duty to inform the public, the Division Bench of Devan Ramachandran and
Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment
Calcutta High Court: Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with
“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest
National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)