All High Courts
Suit Against Passing Off Maintainable Even If Plaintiff And Defendant Have Identical Registered Trademarks: Rajasthan High Court
The Rajasthan High Court has held that a suit for passing off does not get affected by the two proprietors having similar registered trademarks and hence, it cannot be dismissed on account of Section 28(3) of the Trademarks Act, 1999.Section 28(3) of the Act provides that when two or more persons are registered proprietors of identical trademarks, none of the registered proprietors can file...
Patna High Court Dismisses Plea Challenging Election Of JDU MLA Dilip Ray
The Patna High Court has rejected the petition of Syed Abu Dojana challenging the election of JDU's Dilip Ray as a Member of Bihar Legislative Assembly.The assembly elections from Sursand constituency were held on November 07, 2020.Syed Abu Dojana (election petitioner) had contested the said election from Rashtriya Janda Dal (RJD) party and was the runner-up in the election. He challenged...
[SARFAESI Act] Nature Of Secured Asset Continues To Remain Same Even After Being Purchased By Secured Creditor: Kerala High Court
The Kerala High Court held that a 'secured asset' continues its nature of 'secured asset' even after it is bought by the secured creditor. The Secured creditor can move under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), the Court said.Justice N. Nagaresh observed that in Balakrishna Rama Tarle Dead through...
Karnataka HC Permits Former State Information Commissioner To Avail Medical Treatment Under Centre's Health Scheme, Dismisses Govt's Appeal
The Karnataka High Court on Monday dismissed an appeal filed by the Union of India challenging a single bench order permitting a former State Information Commissioner to avail medical treatment and Hospital facilities as provided in the Central Government Health Scheme.A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal saying, “The appeal is...
Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]
NOMINAL INDEX M/S Pragyason Constructions Private Limited v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 367 National Highways Authority Of India V. Rampyari And Another 2024 LiveLaw (AB) 368 Punjab National Bank Earlier Oriental Bank of Commerce v. Sanjeevani Shiksha Samiti 2024 LiveLaw (AB) 369 Shekhar Kapoor And 10 Others v. State Of Up And 3 Others 2024 LiveLaw...
Jharkhand High Court Weekly Roundup: June 30 - July 7, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 104-108]Brajkishore Sao V. The State of Jharkhand 2024 LiveLaw (Jha) 104Anil Kumar Singh vs State of Jharkhand and Ors 2024 LiveLaw (Jha) 105Tata Steel Utilities and Infrastructure Services Limited vs Jharkhand Urban Infrastructure Development Company Limited 2024 LiveLaw (Jha) 106 Abhishek Kumar v. The State of Jharkhand 2024 LiveLaw (Jha)...
'He Is 45, Has 2 Children & Wife To Support' : Allahabad HC Commutes Death Sentence Of Convict Who Killed Grandmother-In-Law
The Allahabad High Court last week commuted the death sentence of a 45-year-old convict who killed his wife's grandmother with a screwdriver in 2022 to life imprisonment as it noted that he has two children and a wife to support and that it was not a "rarest of rare" case. While answering the death reference in negative, a bench of Justice Arvind Singh Sangwan and Justice...
Karnataka High Court Weekly Round-Up: July 1 - July 7, 2024
Citations: 2024 LiveLaw (Kar) 291 To 2024 LiveLaw (Kar) 304Nominal Index: ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294M/S POWER SMART MEDIA PVT LTD & ANR AND Union...
Tamil Nadu Govt Should Revisit Its Liquor Policy For Welfare Of Citizens; Present Rules Appear To Protect TASMAC Shops, Bars: High Court
The Madras High Court recently noted that it was high time that the Government of Tamil Nadu rethink its liquor policy for the welfare of the people in the state, especially the younger generation who are the pillars of tomorrow. The court added that a conscious decision could be taken based on public opinion and though taking a decision may not be an easy task, that should not justify...
Parochial & Myopic Mindset: Karnataka HC Declines To Quash Abetment To Suicide Case Against Teachers Who Threatened, Harrased Minor Girl For Talking To A Boy
The Karnataka High Court has refused to quash proceedings of abetment to suicide of a minor initiated against two school teachers. The girl student committed suicide following the alleged harassment and threats issued by them on the ground that she was talking to a boy studying in the same school.A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Roopesha...
Kerala High Court Lays Down Guidelines Fixing Time Limit For Statutory Authorities To Pass Orders In Matters Where Hearing Is Concluded
The Kerala High Court formulated guidelines related to passing orders by statutory authorities in matters where hearing is already concluded. The Court directed that orders should be passed within 30 days after the hearing is concluded in appeals, revisions and other statutory proceedings. If the order is passed after one month, the order should mention the reason for the delay. Further, if...
[S. 53A CrPC] Failure To Medically Examine Rape Accused Immediately After Arrest Raises Doubts On Manner Of Investigation: Patna High Court
The Patna High Court has held that the failure of the investigating officer to have a rape accused medically examined by a doctor as per Section 53A CrPC, immediately after the arrest, casts a serious doubt on the investigation and the prosecution's case.The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering an appeal against the appellant's conviction...