News Updates
Google's Warning For Third-Party APK Files An Industry Practice, Doesn't Infringe Trademark: Delhi High Court Rejects WinZo Games' Plea
The Delhi High Court has observed that the warning displayed by Google to users before they download WinZo's APK file is in the nature of disclaimer to caution them and does not result in trademark infringement of gaming platform.Justice Amit Bansal observed that the reference to the name of the APK file or application “WinZO” in Google’s disclaimer is only for identifying the file...
Subsequent Detention Order Not Mentioning Detenu's Previous Detention On Same Grounds And Materials Not Sustainable: JKL High Court
Quashing a detention order the Jammu and Kashmir & Ladakh High Court recently held that using the same grounds and material for passing a subsequent detention order without actually mentioning that the detenue had already been detained on the basis of this very material, not only amounts to an illegality but also shows lack of application of mind on part of the detaining...
Principal Amount Paid In Full, Section 9 Application Not Maintainable For Recovery Of Interest: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Rohit Motawat v Madhu Sharma, has held that an application under Section 9 of IBC being pursued only for interest component, while principal amount has been paid in full, is...
No Bar On Hookah Services In Restaurants If Designated Smoking Area Is Provided As Per Law: Madras High Court
While granting relief to a hotel owner, the Madras High Court has recently held that there is no prohibition under law for providing Hookah services in restaurants if same is run conforming to the provisions of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, supply and Distribution) Act, 2003” and also “The...
Weekly Digest Of IBC Cases: 13 February To 19 February 2023
NCLAT Partial Payment Of PF & Gratuity Dues Violative Of Section 30(2)(E) Of IBC: NCLAT Chennai Reiterates Case Title: Mrs. C.G. Vijyalakshmi v Shri Kumar Rajan & Ors. Case No.: Company Appeal (AT) (CH) (Ins.) No. 29 of 2021 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms....
Tax Cases Weekly Round-Up: 12 February To 18 February 2023
Delhi High Court Delhi High Court Stays Reassessment Order Based On Internal Audit Objection Case Title: Kum Kum Kohli Versus ACIT The Delhi High Court has stayed the reassessment order based on an internal audit objection. The division bench of Justice Rajiv Shadher and Justice Tara Vitasta Ganju has observed that the expression "any audit objection" was introduced only by...
Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023
NOMINAL INDEXChantara vs. State of U.P. 2023 LiveLaw (AB) 55 Ranbir Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 56 Suneeta Pandey vs. State Of U.P. And Another 2023 LiveLaw (AB) 57 Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director 2023 LiveLaw (AB) 58 Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors....
Allahabad High Court Weekly Round-Up: February 6 To February 12, 2023
NOMINAL INDEX Swami Chinmiyanand Saraswati Pupil vs. State Of U.P. And Another 2023 LiveLaw (AB) 49 Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others 2023 LiveLaw (AB) 50 Lal Jeet and Tej Bahadur vs. State of U.P. along with a connected appeal 2023 LiveLaw (AB) 51 Uma Shankar Singh And 10 Others vs. State of U.P. 2023 LiveLaw...
Courts Strictly Following Principles Of Non-Interference To Arbitral Awards; Parties To Arbitration Must Accept Awards: Justice SK Kaul
Speaking at the concluding session of Delhi Arbitration Weekend (DAW), the Supreme Court Judge, Justice Sanjay Kishan Kaul said that Indian Courts are strictly adhering to the principles of non-interference with the arbitral awards. He also added that parties to the arbitration must learn to accept the awards and avoid multi-tiered litigation just to complete the formality. “I...
Allahabad HC Transfers Case Against J&K Students Accused Of Celebrating Pakistan's T20 Win Against India From Agra To Saharanpur
The Allahabad High Court recently transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their...
Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges
The Karnataka High Court has dismissed a batch of petitions filed by lecturers, principals and associate professors working in affiliated colleges, aided and unaided by the state government, for enhancement of the age of superannuation from present 60 years to 65 years.A single judge bench of Justice Sunil Dutt Yadav said the contention of petitioners that even those working in...
Authorities Can’t Insist For Civil Court Decree To Make Changes In Birth Records When Registered Deed Of Adoption Present: Gujarat High Court
The Gujarat High Court on Friday held that a registered deed of adoption is enough to prove the validity of adoption of a child under Hindu Adoptions and Maintenance Act, 1956, and that there is no requirement to have a civil court decree asserting such deed, for change in birth records.The court was hearing a bunch of petitions in which the question before the court was whether the...