Trademark's Value Can Be Estimated In Monetary Terms As Proprietor Invests In Publicity and Building Reputation: Delhi High Court

The Delhi High Court has ruled that apart from the primary function of identifying the source of goods, a trademark has an investment function as well, which is to preserve the investments made by a proprietor of a trademark in publicity and building up its reputation.A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said the trademark, thus, acquires a value that can be...

J&K&L High Court Weekly Round-up: October 24 To October 30, 2022

Citations 2022 [LiveLaw (JKL) 191 TO 2022 LiveLaw (JKL) 200]Nominal Index : Ab Rasheed Bhat Vs HDFC Bank 2022 LiveLaw (JKL) 191 Syed Akeel Shah vs Directorate Of Enforcement 2022 LiveLaw (JKL) 192 Shailender Parihar Vs Sarmad Hafez 2022 LiveLaw (JKL) 193 Mohammad Anwar Chowdhary & Ors Vs UT of J&K 2022 LiveLaw (JKL) 194 Green Valley Sumo Taxi Stand Union Vs UT...

Written Submissions Under Rule 28(7) Cannot Be Used To Reopen Entire Debate In Patent Application: Delhi High Court

The Delhi High Court has observed that the written submissions and filing of relevant documents under Rule 28(7) of the Patent Rules, 2003 cannot be used as a tool to reopen the entire debate in a patent application.Justice Pratibha M Singh said the purpose of Rule 28(7) is to capture the submissions made during the course of the hearing and to take any steps which the Controller may...

Punjab And Haryana High Court Acquits Patwari Convicted For Taking ₹2500 Bribe In 2002

The Punjab and Haryana High Court recently acquitted a public servant convicted for accepting bribe in a case under Prevention of Corruption Act, 1988, on the ground that evidence of 'demand' and 'acceptance' of bribe was not available.The appellant, a patwari, in 2004 had appealed against his conviction and sentence under the provisions of Sections 7, 13 (1) (d) read with Section 13(2) of...

'Enrolment Functions Turning Into Festivities': Madras High Court Wants State Bar Council To Keep Candidates' Family Members, Friends Out

Lamenting the manner in which the venue of a recent enrolment ceremony was turned into a litter zone, the Madras High Court has directed the Bar Council to submit a report on how it proposes to ensure that such functions in future are conducted without the presence of the family members and friends of candidates.The court has issued the direction in a matter related to the ban on use of...

Delhi High Court Weekly Round-Up: October 24 To October 30, 2022

Citations 2022 [LiveLaw (Del) 1006 TO 2022 LiveLaw (Del) 1021]NOMINAL INDEXNAYAB & ANR v. STATE 2022 LiveLaw (Del) 1006NAINA RANA v. STATE (GOVT. OF NCT OF DELHI) other connected matters 2022 LiveLaw (Del) 1007SAKET KUMAR SHARMA versus RESERVE BANK OF INDIA & ORS 2022 LiveLaw (Del) 1008Prasar Bharti versus National Brain Research Centre & Anr. 2022 LiveLaw (Del) 1009SUNITA MALIK...

Kerala High Court Grants Interim Bail To Sri Lankan Refugees Caught Attempting To Illegally Travel To Canada On Fishing Boat

The Kerala High Court on Friday granted interim bail to Sri Lankan nationals, who are accused of attempting to illegally travel to Canada via sea, and directed the trial court to complete the trial within three months after receipt of final report in the matter.During the bail period, the accused persons, who had been apprehended near Vaddy Harbour, Kaikulangara Cheny Kollam West Village...

[Compassionate Appointment] Married Daughters Can't Be Denied Benefit Under Rehabilitation Assistance Scheme: Orissa High Court

In an important verdict, the Orissa High Court has held that a 'married daughter' cannot be denied the benefits under the Rehabilitation Assistance Scheme after the death of her father. While reaffirming the rights of a married daughter to seek compassionate employment upon death of her father, a Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed, "…this court is of the...

"Career Of Students In Jeopardy": High Court Imposes Cost On Medical Institution & MP Paramedical Council Over Illegal Admissions

The Madhya Pradesh High Court recently reprimanded a Medical Institution for admitting students for a course without fulfilling the condition of seeking affiliation from the MP Medical Science University. The Court also expressed its displeasure at the M.P. Paramedical Council for not being vigilant to prevent the Institution from illegally admitting students. The division bench...

"Belated Remorse Inconsequential": Bombay HC Upholds Order Striking Off Father's Defence For Depriving Mother Of Visitation Rights

Taking a stern view against a father's conduct of denying his wife access to their child despite court orders, the Bombay High Court recently upheld a district court's order striking off his defence in a matrimonial dispute. The father was violating the visitation order stating that the child did not want to meet his mother. He filed a writ petition challenging the order striking off...

White-Collar Crimes Not Committed By Sudden Provocation But With Deep Understanding Of Consequences: Madras High Court

Denying bail to the former CEO of Surana Group of Companies in the alleged case of defrauding various banks to the tune of Rs 10,000 Crore, the Madras High Court recently observed that white-collar crimes are particularly harmful to the society as they are committed by well-educated and influential persons who understood the consequence of their actions. Justice AD Jagadish Chandira in...

Can't Interfere With COC'S Decision Not To Pay Suspended Directors For Their Services During CIRP: NCLT Ahmedabad

The National Company Law Tribunal ("NCLT"), Ahmedabad Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating a petition filed in Indian Overseas Bank v AMW Autocomponent Ltd., has held that promoters and persons associated with the management of the Corporate Debtor are statutorily obligated to extend all assistance...