Manufacturer Can't Claim Exclusivity Over Trade Mark When It Is Derived From Principal Ingredient Of Drug: Delhi HC Dismisses Sun Pharma's Appeal

The Delhi High Court recently rejected an appeal by Sun Pharma, claiming that Hetero Healthcare's drug used to treat advanced breast cancer had infringed its trademark. A Division Bench of Justices Vibhu Bakhru and Amit Mahajan upheld the decision of the Commercial Court. It held that it was apparent that the mark adopted by Sun was nothing but the first six letters of the...

Delhi Court Summons Bollywood Actress Jacqueline Fernandez In Money Laundering Case

A Delhi Court has summoned Bollywood actress Jacqueline Fernandez in connection with a 200 Crore money laundering case being probed by the Enforcement Directorate involving alleged conman Sukesh Chandrasekhar.Taking cognisance of the supplementary chargesheet filed by the agency, Additional Sessions Judge Parveen Singh of Patiala House Courts directed the actress to appear before the Court...

"Victim-Accused Living Happily As Wife-Husband": Allahabad High Court Quashes POCSO Case, Relies On Meghalaya HC's Ruling

The Allahabad High Court recently quashed an FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (who was a minor at the time of the incident) were 'happily' living with each other as husband and wife. The bench of Justice Gautam Chowdhary granted bail to one Gufran Shaikh who had been booked under Sections 363, 366, 376...

Without Proof Of Disbursement No Financial Debt Can Be Claimed: NCLT Mumbai Reiterates

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Sudhir T Deshpande v Dhanada Corporation Limited, has rejected a petition under Section 7 of Insolvency and Bankruptcy Code, 2016 ("IBC") as there was no proof of disbursement of debt....

Experience Cannot Substitute Duration Of Service Required By UGC Norms: Kerala High Court

The Kerala High Court on Tuesday observed that when the UGC norms mandate 8 years of continuous service in the post of 'Reader' in order to be eligible for promotion as 'Professor', then the experience gained by a person in a post which had been gained by him pursuant to an appointment which had hitherto been declared as 'illegal' by the Court would not be sufficient to act as substitute in...

Dominick Pizza Severely Tarnishing Business & Trademark Of Domino's Pizza: Delhi High Court Grants Interim Relief

Granting interim relief to Domino's, the Delhi High Court has restrained an outlet namely Dominick Pizza from using deceptively similar and identical trademark registered in favour of the famous pizza outlet.Justice Pratibha M Singh observed that it was clear from the manner of listings of social media platforms and online ordering platforms that the name and business of Dominick Pizza was...

No Penalty Can Be Imposed For Introducing The Importer To IEC Holder: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that a penalty cannot be imposed for introducing the importer to the Importer-Exporter Code (IEC) holder.The bench of Anil Chaudhary (Judicial Member) has observed that no penalty can be imposed without proving the role of the person being charged. The appellant/assessee is working as a...

[Kallakurichi Student Death] Unfortunate That Teachers Are Being Arrested For Asking Students To Study Well: Madras High Court

The Madras High Court recently granted bail to two teachers, school principal, school management correspondent and secretary in connection with the death of a XIIth standard student in Kallakurichi. Justice GK Ilanthiraiyan observed that there was no evidence to show that the girl had been tortured before her death. Even going by the suicide note, there was no evidence to implicate the...

Allahabad High Court Grants Bail To Man Accused Of Tweeting Offensive Comments Against Hindu Women

The Allahabad High court has granted bail to one Mohd. Saif Ali, who has been accused of posting certain offensive tweets against the modesty of Hindu women. The Court observed that Said had made out a case of bail.Essentially, the bench of Justice Deepak Verma ordered to release him bail in view of the entire facts and circumstances of the case, submissions of counsel for the parties and...

Restaurants Mandatorily Levying 'Service Charge' In Teeth Of Consumers Rights, No Separate Service Availed From Staff: CCPA To Delhi HC

The Central Consumer Protection Authority (CCPA) has informed the Delhi High Court that mandatory levy of service charge by hotels and restaurants is "directly in teeth of the rights of consumers" as well as provisions on 'unfair contract', 'unfair trade practices' and 'restrictive trade practice' under the Consumer Protection Act.Defending its guidelines prohibiting hotels and restaurants...

Bank Of India Files Insolvency Plea Against Kishore Biyani Led Future Lifestyle Fashions

Future Lifestyle Fashions Ltd. ("FLFL") is the flagship fashion business of the Mr. Kishore Biyani led Future Group of companies, which have dominated the retail sector in India for years. FLFL operates more than 300 stores across India and owns retail fashion chains such as Central and Brand Factory. Recently, the flagship company of Future Group i.e. Future Retail Ltd., which...

Bombay High Court Directs CBIC To Issue Clarification Regarding Distribution/ Reporting Of ISD Credit

The Bombay High Court has directed the Central Board of Indirect Taxes and Customs (CBIC) to issue a clarification in relation to the distribution/ reporting of the ISD credit. The Bench of Justices K.R. Shriram and Gauri Godse was dealing with a batch of writ petitions, highlighting the difficulties faced by the petitioners in the distribution/ reporting of the ISD...