“MARQ” v. “MARC”: Delhi High Court affirms interim injunction in Trade mark dispute involving Flipkart
Minor differences and addition of house mark cannot outweigh phonetic and structural similarity between competing marks.
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Bombay High Court lays down test for culpability in ‘Abetment of Suicide’ cases
“A fatal impulse or ill-fated thoughts of the suicide, however unfortunate and touchy it may be, cannot fray the fabric of the provision contained in Section 306 IPC.”
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Menstrual leave is assertion of dignity, not plea for privilege: Karnataka High Court orders faithful implementation of Menstrual Leave Policy across sectors
“While the organised sectors may be regulated through government orders and legislative intervention, the unorganised sector requires a more facilitative mechanism. However, beyond regulatory frameworks, what remains imperative is, a sustained and pervasive effort to sensitise all segments of society, reaching every corner of the State to foster awareness, empathy and compliance.”
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“Advocate cannot plead as petitioner in PIL to advance cause of clients”: Allahabad HC dismisses PIL seeking natural gas supply connection for Firozabad Industries
“An advocate, who is approached by his clients for redressal of the grievance, cannot be permitted to become a petitioner and file PIL advancing cause of his clients. The conduct may amount to professional misconduct.”
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Explained | Gujarat HC on Tenure Limits and Electoral Disqualification in Cricket Bodies
“The object of prescribing disqualification upon competition of a cumulative period of 9-years coupled with a cooling-off period, is to avoid development of vested interests over the administration and management of cricketing bodies.”
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Every Resident Has a Right to Participate: Gujarat High Court Orders Inclusion of Voter Deleted During SIR
“Every resident of the local self-government has a right to participate in the electoral process and the only condition is that he should be on the electoral roll.”
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Shareholding does not confer ownership over company data: Karnataka High Court refuses to quash FIR in digital asset misappropriation case
“In the case at hand, the issue is not purely civil in nature, it has all the hues and forms of cyber crime and not a run on the mill allegation. It is the allegation of downloading, copying, deletion of source code, proprietary data, and confidential digital assets. All these are hues and forms of cyber crime and cyber crime investigations are highly technical and complex involving forensic reconstitution of data.”
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Posted a Pro-Iran Reel, Ended Up in Jail — Here’s Why MP HC Granted Bail
The accused persons had posted an Instagram reel where they, along with others, stating, “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey.”
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“Attempt to Extract Pound of Flesh From Husband”: Madhya Pradesh HC Denies Maintenance to Wife Earning Over Rs 1 Lakh a Month
The Court held that there was no error in the jurisdiction or reasoning in the impugned order because as per admitted income of the wife, her monthly income would be Rs 1.66 lakhs, and even if it had been reduced, it would still be 1.25 lakhs.
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Truthful Disclosure of Pending Matrimonial Case Involving Trivial Allegations Cannot Bar Public Employment: Allahabad HC
“The allegations, on the face of record, appear to be trivial in nature and arise out of a domestic dispute, having no bearing on the discharge of duties attached to the post in question.”
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Delhi HC: Consenting Adults in Live-in Relationship Entitled to Protection Under Articles 19 & 21; Marital Status Irrelevant
‘Since the petitioners are both Indian national citizens, they are well and truly entitled to the protection as available to them in the form of the guarantees and fundamental right(s), enshrined under Article(s) 19 and 21 of the Constitution.’
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Presidential Order prevails over Battalion-wise seniority rules in Special Police Battalions: Telangana HC
“When the executive authority, entrusted with the implementation of the Service Rules, concedes their incompatibility with the governing constitutional instrument, the Court cannot sustain their validity.”
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Bombay High Court: NCLT Exclusive Forum for Rectification, Director Removal; Civil Court’s Jurisdiction Barred under S. 430 Companies Act
“A mere communication addressed by any person directing another person to do an act cannot by itself operate as an injunction.”
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Maternity Benefit Act Applies to Guest Faculty: MP High Court Holds Eighty Working Days Bar Inapplicable to State Government Establishments
“The petitioner was granted the benefit of maternity leave without fulfilling the requirement of eighty working days at the ‘Establishment’ in the preceding twelve months by the MP High Court.”
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Judicial interference in transfer of government servant unjustified: Patna HC quashes Single Judge’s order to transfer DFO
“If the courts continue to interfere with day-to-day transfer orders issued by the Government, there will be complete chaos in the administration, which would not be conducive to public interest.”
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Actual possession cannot be disturbed through dispossession proceedings under Sections 164/165 BNSS: Allahabad HC
The State Authority has to protect the parties but if actual possession is there they cannot be dispossessed by proceeding under Sections 164/165 BNSS except in accordance with law by the order of Court.
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Neither an unproven local custom nor brief cohabitation can confer status of valid marriage; HP HC grants declaration to man that woman is not his wife
“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”
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When Can Courts Grant Interim Compensation? Sikkim HC Clarifies
The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.
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Delay under Section 33-C(1) ID Act Can Be Condoned Without Separate Application: Karnataka HC
“It is well settled that, in case of conflict between form and substance, substance must prevail, unless the law expressly mandates strict adherence to the form as well.”
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Madras HC orders independent probe into illegal panchayat ostracism depriving woman’s family of basic civic rights
“The respondents are directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.”
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