Bombay HC Issues Notice To Centre, CAG, Finance Commission & GST Council On PIL Challenging GST(Compensation to States) Act,2017

The Bombay High Court on Monday issued notices to the Union of India, Comptroller and Auditor General of India, 14th Finance Commission of India, GST Council, State of Maharashtra on a PIL filed by one Ashrita Prasad Kotha, a law professor at Jindal Global Law School challenging the constitutional validity of  GST(Compensation to States) Act,2017 and 15 other Acts.A bench of Justice SS...

No Cure/ No Success Is Not Negligence, Says NCDRC; Sets Aside Rs 15L Liability On Doctor For IVF Failure [Read Judgment]

No cure/ no success is not negligence and fastening the liability on the treating doctor is not justified, the National Consumer Disputes Redressal Commission (NCDRC) has held as it took judicial notice of the fact that increasing number of people are opting for in-vitro fertilization due to growing problem of infertility while acknowledging that its failure cannot be attributed to the...

MCA Constitutes Insolvency Law Committee, Invites Suggestions from Stakeholders

The Insolvency Section, Ministry of Corporate Affairs, in a notice dated 12th December 2017, has announced the constitution of the Insolvency Law Committee. The Committee shall be chaired by the Secretary, Ministry of Corporate Affairs, as per a notification dated 16th November 2017.The Committee has been constituted to take stock of the functioning and the implementation of the Insolvency...

‘BOOKMY’ In ‘BOOKMYSHOW’ Has No Trademark Protection As It Is Descriptive, Lacks Distinctiveness: Delhi HC

Dismissing an application made by the trademark owner of “ BOOKMYSHOW ”, the Delhi High Court has refused to grant interim injunction restraining the use of prefix “BOOKMY” by “ BOOKMYSPORT ”. The application for interim injunction was made in the suit filed by Bigtree Entertainment Private Ltd,  which is the registered owner of trademark “ BOOKMYSHOW ”, which runs a...

White Collar Crimes Far More Dangerous Than Ordinary Crimes, Says CBI Court That Did Ex-Jharkhand CM Koda, Aides In For 3 Years [Read Order]

White collar crimes are far more dangerous to the society than ordinary crimes, said the special CBI court that sent former Jharkhand Chief Minister Madhu Koda and co-convicts behind bars for three years while directing them to cough up varying amounts of fine, the highest being Rs 50 lakh imposed on Kolkata-based Vini Iron and Steel Udyog Ltd, followed by Rs 25 lakh imposed on Koda and...

As Mumbai University Loses Engineering Student’s Answer Sheet, Bombay HC Directs Allotment Of Avg Of Marks Scored In Other Subjects [Read Order]

In another instance of the Bombay High Court coming to the rescue of a Mumbai University student, a petition filed by a final year engineering student this time was allowed.The petitioner, Saurabh Shelar, a student of Mechanical Engineering, contended that his main answer booklet was lost by the university, because of which only the supplementary answer booklet could be evaluated and 12...

Suhaib Ilyasi Of ‘India’s Most Wanted’ Fame Found Guilty Of Wife’s Murder

Suhaib Ilyasi, who once shot to fame as the host of TV crime show ‘India’s Most Wanted’, on Saturday was held guilty by a Delhi court in his wife’s death, that occurred 17 years ago.The decision was pronounced by a court at Karkardooma complex in East Delhi.Ilyasi has been found guilty in connection with the murder of his wife Anju in the year 2000. Anju was rushed to the hospital...

Drugs, Medicines, Equipment Used In Course Of Treatment At Hospital Not Subject To Sales Tax: Maha Sales Tax Tribunal [Read Judgment]

The Maharashtra Sales Tax Tribunal has ruled that no sales tax can be levied on drugs, medicines, stents and other goods used in the course of medical treatment in the hospital as the same does not amount to sale.A bench of judicial member CD Gongle and member GB Indurkar said so, while deciding an appeal moved by Saifee Hospital, a charitable institution in Mumbai.“The supply of...

Kerala HC Upholds Suspension Of School Students Accused Of Public Display Of Affection [Read Judgment]

However, there remains a hard reality, natural instincts of students in adolescence, the judge said, advising the school authorities to rise to the occasion and re-consider the issue.The Kerala High Court has upheld an action of a school suspending a boy and a girl student for their alleged public display of affection in the school and through social media.Two students, a boy and girl who...

Toyoto ‘Prius’ Trademark Case: Global Brand Must Establish Goodwill In India To Sustain Action For Trademark Infringement: SC [Read Judgment]

While denying protection to the brand name “Prius” of the car manufactured by Toyota, the Supreme Court held that an international brand should establish that it had enjoyed goodwill and reputation within Indian jurisdiction to sustain an action for trademark infringement.Toyota had instituted the suit for trademark infringement against a dealer of automobile spareparts, which was...

When Dispute Is Of Civil Nature, Giving Its Proceedings A Criminal Colour Is Abuse Of Process Of Law: Bombay HC [Read Judgment]

The Bombay High Court recently allowed a batch of applications seeking quashing of an FIR registered for offences under sections 418, 420, 465, 467, 468, 471, 477(a), 506(2) read with 120(b) of the Indian Penal Code.The division bench of Justice Ranjit More and Justice Shalini Phansalkar Joshi held that when dispute is of civil nature, giving the proceedings a criminal colour is abuse of...

SC Stays Death Penalty Awarded To Accused In Kidnapping-Cum-Murder Case [Read Order]

The Supreme Court has stayed the execution of the death sentence awarded to Rajesh @ Rakesh and Raja Yadav in a kidnapping-cum-murder case.The Jabalpur bench of Madhya Pradesh High Court had confirmed the death penalty awarded by the trial court to the accused duo, for having found guilty of kidnapping and murdering a 15-year-old boy.While confirming the death sentence, the high court bench...